SCHOOL LAWS OF ILLINOIS. 



AS 



AMENDED FEBRUARY 16, 1865, 



^VITH 

OFFICIAL AND JUDICIAL DECISIONS 

IN RELATION TO 

CO.MMON SCHOOLS, 



[SECOND EDITION— EEVISED AND ENLARGED.] 



N" E ^^VT" O N B A. T E M: A. INJ" 

.SUPERINTENDENT OF PUBLIC INSTRUCTION. 



SPRINGFIELD, ILL.: 

STATE JOURNAL STEAM PRES.S AND BINDBRT. 

1866. 






\ 



^^' 



Entered according to act of Congress, in the year 1366, by 

NEWTON BATE MAN, 

In the Clerk's OfBce of the District Court of the United States, for the 

Southern District of Illinois. 







PREFACE TO SECOND EDITION 



As stated in the preface to the firat edition of this work, its 
object is to furnish to those in any way concerned with our sys- 
-tem of common schools, in convenient form and small compass, 
information and instruction necessary to the proper discharge of 
their duties. That information being embodied in the school 
laws of the State, and in the expositions and applications of those 
laws by the Department of Public Instruction, and by the Courts, 
the book contains: 

I. The Common School Laws of the State, with all the latest 
amendments. 

II. An Examination and Explanation of each section of the 
Amendatory Act of February 16, 1865. 

III. The Official Decisions and Instructions of the State Su- 
perintendent, and the Decisions of the Supreme Court, in relation 
to common schools. 

The plan and scope of the book are unchanged ; but the yalue 
of the present edition is enhanced in the following particulars : 

1. It is much enlarged; containing nearly seventy pages of 
entirely new matter. To make room for this, in part, without 
unduly increasing the size of the book, the re-print of the amended 
sections of the school law is omitted, in the Second Part of the 
work. 

2. The official decisions are confirmed by copious references 
to, and citations of, judicial authorities. To this end, the Supreme 
Court Reports have been carefully and exhaustively searched. It 
is hoped that this feature of the work will make it of some value 



IV PREFACE. 

to members of the bar, in tlie management of cases arising under 
the school laws of the state. 

3. The nnmber of decisions is nearly doubled ; embracing a 
wide range and great variety of subjects, all of a practical nature. 
It is believed that questions can hardly arise under our present 
school laws, upon which some light, if not a definite answer, will 
not be found in the three hundred decisions of this volume. 

4. Forms of all the more common and necessary school instru- 
ments are added, for the convenience of school officers. 

5. The index to the official and judicial decisions will be found 
more copious and exhaustive than before. 

The aim throughout has been to render the work a plain, prac- 
tical, and reliable common-school manual ; and no pains have been 
spared to accomplish that end. The unexpected favor with which 
the first edition (published one year ago) was received, and the 
assurances of its usefulness which have l^een given from every 
portion of the State, have prompted the re-issue of the work, in 
its present enlarged and improved form, 

KEWTON BATEMAN, 

Siipt. Public Imtruction. 
Springfield, Illixois, August, 1S66. 



SCHOOL LAWS OF ILLINOIS, 



AS 



AMENDED FEBRUARY 16, 1865, 



WITH 



OFFICIAL AND JUDICIAL DECISIONS 



IN RELATION TO 



COMMON SCHOOLS. 



[SECOND EDITION— REVISED AND ENLARGED.] 



BY 

Sb'PEElNTENDENT OF PUBLIC INSTEUCTIOK. 



SPRINGFIELD, ILL.: 

STATE JOURXAL STEAM PEESS AND BINDEEY. 

18 66. 



Entered according to act of Congress, in the year 1S66, by 

NEWTON BATE MAN, 

In the Clerk's Oifice of the District Court of the United States, for the 

Southern District of Illinois. 



PREFACE TO SECOND EDITION 



As stated in the preface to the first edition of this work, its 
object is to furnish to those in any way concerned with our sys- 
tem of common schools, in convenient form and small compass, 
information and instruction necessary to the proper discharge of 
their duties. That information being embodied in the school 
laws of the State, and in the expositions and applications of those 
laws by the Department of Public Instruction, and by the Courts, 
the book contains: 

I. The Common School Laws of the State, with all the latest 
amendments. 

II. An Examination and Explanation of each section of the 
Amendatory Act of February 16, 1865. 

III. The Official Decisions and Instructions of the State Su- 
perintendent, and the Decisions of the Supreme Court, in relation 
to common schools. 

The plan and scope of the book are unchanged ; but the value 
of the present edition is enhanced in the following particulars : 

1. It is much enlarged; containing nearly seventy pages of 
entirely new matter. To make room for this, in part, without 
unduly increasing the size of the book, the re-jprint of the amended 
sections of the school law is omitted, in the Second Part of the 
work. 

2. The official decisions are confirmed by copious references 
to, and citations of, judicial authorities. To this end, the Supreme 
Court Reports have been carefully and exhaustively searched. It 
is hoped that this feature of the work will make it of some value 



IT PREFACE. 

to members of the bar, in tlie management of cases arising nnder 
tlie school laws of the state. 

3. The number of decisions is nearly doubled ; embracing a 
wide range and great variety of subjects, all of a practical naCm^e. 
It is believed that questions can hardly arise under our present 
school laws, upon which some light, if not a definite answer, will 
not be found in the three hundred decisions of this volume. 

4. Forms of all the more common and necessary school instru- 
ments are added, for the convenience of school officers. 

5. The index to the official and judicial decisions will be found 
more copious and exhaustive than before. 

The aim throughout has been to render the work a plain, prac- 
tical, and reliable common-school manual ; and no pains have been 
spared to accomplish that end. The unexpected favor with which 
the first edition (published one year ago) was received, and the 
assurances of its usefulness which have been given from every 
portion of the State, have prompted the re-issue of the work, in 
its present enlarged and improved form. 

KEWTON BATEMAN, 

Supt. PvMic Tmtruction. 
Springfield, Illinois, August, 1S66. 



AMENDED 

FREE SCHOOL LAW OF ILLINOIS. 



APPROVED FEBRUARY 16,1865. 



STATE STJPEKINTENDENT OF PUBLIC INSTKTJOTION HIS ELECTION AND 

DUTIES. 

Section 1. Be it enacted hy the People of the State of Illi- 
nois^ represented in the General Assembly^ That at the election 
to be held on Tuesday after the first Monday of November, a. d. 
1866, and quadrennially thereafter, there shall be elected, by the 
legal voters of this state, a state superintendent of public in- 
struction, who shall hold his office for four years, and until his 
successor is duly elected and qualified. 

§ 2. Before entering upon his duties, he shall take and sub- 
scribe the usual oath of office, and shall also execute a bond, in 
the penalty of twenty-five thousand dollars, payable to the state 
of Illinois, with sureties to be approved by the governor, condi- 
tioned for the prompt discharge of his duties as superintendent 
of public instruction, and for the faithful application and dispo- 
sition, according to law, of all school moneys that may come into 
his hands by virtue of his office ; said bond and oaths shall be 
deposited with the secretary of state, and an action may be main- 
tained thereon by the state, at any time, for a breach of the 
conditions thereof. 

§ 3. It shall be his duty to keep an office at the seat of gov- 
ernment of the state, and to file all papers, reports and public 
documents transmitted to him by the school officers of the seve- " 
ral counties, each year separately, and to keep and preserve all 
other public documents, books and papers relative to schools, 
coming into his hands as state superintendent, and to hold the 
same in readiness to be exhibited to the governor, or to any com- 
mittee of either house of the general assembly ; and shall keep 
a fair record of all matters pertaining to the business of his office. 

§ 4. He shall, without delay, pay over all sums of money 
—2 



2 SCHOOL LAWS OF ILLINOIS, WITH 

which, may come into his hands by virtue of his oflBce, to the 
officer or person entitled to receive the same, in such manner as 
may be prescribed by law. 

§ 5. He shall counsel and advise, in such manner as he may 
deem most advisable, with experienced and practical school teach- 
ers, as to the best manner of conducting common schools. 

§ 6. Said superintendent shall have the supervision of all 
the common and public schools iu the state, and shall be the gene- 
ral adviser and assistant of county superintendents of schools in 
the state ; he shall, from time to time, as he shall deem for the 
interest of schools, addi-ess cii'cular letters to said superintendents, 
giving advice as to the best manner of conducting schools, con- 
structing school houses, furnishing the same and procuring com- 
petent teachers. 

§ 7. Said state superintendent shall, before the fifteenth day 
of December of every year preceding that in which shall be 
holden a regular session of the general assembly, report to the 
governor the condition of the schools in the several counties of 
the State, the whole number of schools which have been taught 
in each county in each of the preceding years, commencing on 
the first Monday of October: what part of said number have 
been taught by males exclusively ; what part by females exclu- 
sively; what part of said whole number have been taught by 
males and females at the same time ; and what part by males 
and females at diflerent periods ; the number of scholar's in attend- 
ance at said schools ; the number of white persons in each county 
under twenty-one years of age ; the amount of township and 
county fund ; the amount of the interest of the state or common 
school fund, and of the interest of the township and of the county 
fund annually paid out ; the amount raised by an oA valorem 
tax ; the whole amount annually expended for schools ; the num- 
ber of school houses, their kind and condition ; the number of 
townships and parts of townships in each county ; the number 
and description of books and apparatus purchased for the use of 
schools and school libraries under the provisions of this act, the 
prices paid for the same, and total amount purchased, and what 
quantity and how distributed ; and the number and condition 
of the libraries, together with such other information and sugges- 
tions as he may deem important in relation to the school laws, 
schools, and the means of promoting education throughout the 
state ; which report shall be laid before the general assembly at 
each regular session. 

§ 8. The said state superintendent of public instruction shall 
make such rules and regulations as he may think necessary and 
expedient to carry into l\ill effect the provisions of this act, and 
of all the laws which now are or may hereafter be in force for 
establishing and maintaining schools in this State ; and the said 
superintendent shall have power, and it shall be his duty, to ex- 



OFFICIAL AND JUDICIAL DECISIONS. d 

plain and interpret and determine to all county superintendents, 
directors, township and other school officers, the true intent and 
meaning of this act, and their several duties enjoined thereby, 
and his decision shall be final, unless otherwise directed by the 
legislature, or reversed by a court of competent jurisdiction. 

§ 9. The said state superintendent shall have power to direct 
and cause the county superintendent of any county, directors or 
board of trustees or township treasurer of any township, or other 
school officer, to withhold from any officer, or township, or teacher, 
any part of the common school, or township, or other school 
fund, until such officer, township, or teacher shall have complied 
with all the provisions of this act relating to his, her or their du- 
ties, and such rules and regulations as the state superintendent 
may prescribe, not inconsistent with this act ; and the state super- 
intendent may forbid the payment of any part of the common 
•school, township, county or other school fund, to any district in 
which the school or schools have not been kept according to law, 
or in which no school has been kept for six months during the 
year next preceding the demand for payment. 

§ 10. And the said state superintendent shall receive annually 
the sum of twenty-live hundred dollars, to be paid quarterly, as 
a salary for the services' required under the provisions of this act, 
or any other law that may be passed, and also for all necessary 
contingent expenses, for books, postage and stationery pertaining 
to his office, to be audited and paid by the state, as the salaries 
and contingent expenses of other officers are paid. 

COUNTY SUPEKINTENDENTS — THEIE ELECTION AND DUTIES. 

§ 11. On Tuesday next after the first Monday in November 
next, and on the Tuesday next after the first Monday in Novem- 
ber, every four (4) years thereafter, there shall be elected by the 
qualified voters of every county in this state, a county superin- 
tendent of schools, who shall perform the duties required by law. 
He shall, before entering upon his duties, take an oath for the 
faithful discharge of the same, and execute a bond, payable to 
the state of Illinois, with two or more responsible freeholders as 
security, to be approved by the county court or board of super- 
visors, in penalty of not less than twelve thousand dollars, to be 
increased at the discretion of said court or board of supervisors, 
conditioned that he will faithfully perform all the duties of his 
office, according to the laws which are or may be in force ; by 
which bond the obligors shall be bound jointly and severally, 
and upon which an action or actions may be maintained by the 
board of trustees of the proper township, for the benefit of any 
township or fund injured by any breach thereof; and joint action 
may be had for two or more funds. The said county superin- 
tendents of schools shall be successors to the school commis- 



4: SCHOOL LAWS OF ILLINOIS, WITH 

sioners, as heretofore tnown and designated in the act to which 
this act is amendatory, and all other acts where the term "school 
commissioner" is used ; and all rights of property, and rights 
and causes of action, existing or vested in school commissioners, 
for the use of the inhabitants of the county, or any township 
thereof, or any part of them, shall vest in the county superin- 
tendents of schools, as successors, in as full and complete a man- 
ner as was vested in the school commissioners. 

§ 12. The bond required in the foregoing section shall be in 
the following form, viz : 

STATE OF ILLINOIS,! 
County. j 

Know all men by these presents, that we, A. B., C. D. and E. F., are held 
and firmly bound, jointly and severally, unto the people of the state of Illinois, 

in the penal sum of dollars, to the payment of which we bind ourselves, 

our heirs, executors and administrators, firmly by these presents. 

In witness whereof, we have hereunto set our hands and seals, this day of 

A. D., 186—. 

The condition of the above obligation is such, that if the above bounden A. B., 
county superintendent of the county aforesaid, shall faithfully discharge all the 
duties of said office according to the laws which now are, or may hereafter be 
in force, and shall deliver over to his successor in office all moneys, books, 
papers and property in his hands as such county superintendent, then this obli- 
gation to be void ; otherwise to remain in full force and virtue. 

A B , [seal.] 

C D , [SEAt.] 

E F , [seal.] 

And which bond shall be filed in the office of the county court. 

§ 13. The said superintendent shall be liable to removal by 
the county court, (or in counties adopting township organization, 
by the board of supervisors,) for any palpable violation of law 
or omission of duty ; and if a majority of said court or board of 
supervisors shall at any time be satisfied that his bond is insuffi- 
cient, it shall be his duty, on notice, to execute a new bond, to be 
payable, conditioned and approved as the first bond, the execution 
of which shall not afiect the old bond, or the liability of the secu- 
rity thereof; and when the office of county superintendent shall 
become vacant by death, resignation, or otherwise, the county 
court, or board of supervisors, shall fill the same by appoint- 
ment for the unexpired term, and the person so appointed shall 
hold his office until his successor shall be qualified. 

§ 14. The said superintendent shall provide three well bound 
books, to be known and designated by the letters A, B, C, for 
the following purposes : In book A he shall record at length all 
petitions presented to him for the sale of common school lands, 
and the plats and certificates of valuation made by or under the 
direction of the trustees of schools, and the affidavits in relation 
to the same. In book B he shall keep an account of all sales of 
common school lands ; which account shall contain the date of 
sale, name of purchaser, description of lands sold, and the sum 
sold for. In book he shall keep a regular account of all mon- 



OFFICIAL AND JUDICIAL DECISIONS. O 

eys received for lands sold, or otherwise, and loaned or paid out; 
the person of whom received, and on what account, and show- 
ing whether it is principal or interest ; the person to whom loaned, 
the time for which the loan was made, the rate of interest ; the 
names of the securities when personal security is taken, or if real 
estate is taken as security, a description of said real estate ; and if 
paid out, to whom, when, and on what account, and the amount 
paid out ; the list of sales, and the accounts of each fund to be 
kept separate. Said book shall be paid for out of the county 
treasury of the counties in which they are used. 

§ 15. Whenever the bond of the township treasurer, approved 
by the board of trustees of schools, as required by law, shall be 
delivered to the county superintendent, he shall carefully examine 
the same, and if the instrument is found to be in all respects 
'according to law, and the securities good and sufficient, he shall 
endorse his approval thereon, and file the same with the papers 
of his office ; but if said bond is in any respect defective, he shall 
return it for correction. When the bond shall have been duly 
received and filed, the superintendent shall, on demand, deliver 
to said township treasurer, all moneys, bonds, mortgages, notes 
and securities, and all papers of every description belonging to 
said township ; and the said township treasurer shall receipt for 
the same, which receipt shall be carefully filed and preserved by 
the county superintendent, and shall be evidence of the fact 
therein stated. 

§ 16. Upon the receipt of the amount due upon the audi- 
tor's warrant, the county superintendent shall apportion one-third 
of said amount to the several townships and parts of townships 
in his county, in proportion to the number of acres therein, and 
the remaining two-thirds to the several townships and fractional 
townships in his county, according to the number of white chil- 
dren, under twenty-one years of age, returned to him, in which 
townships or parts of townships schools have been kept in ac- 
cordance with the provisions of this act, and with the instructions 
of the state and connty superintendents, and shall pay over the 
distributive share belonging to each township and fractional 
township, to the respective township treasurers, or other author- 
ized persons, annually ; and when there is a connty fund in the 
hands of any county superintendent, he shall loan the same at 
any rate of interest not less than six per cent., nor more than ten 
per cent., said rate to be fixed by the county court or board of 
supervisors, and apportion the interest as provided in this section: 
Provided^ that no part of the state, county, or other school fund 
shall be paid to any township treasurer or other person, author- 
ized by said treasurer, unless said township treasurer has filed 
his bond as required by the fifty-fifth section of the act, nor in 
case said treasurer is re-appointed by the trustees, unless he shall 
have renewed his bond and filed the same as aforesaid. 



6 SCHOOL LAWS OF ILLINOIS, WITH 

§ 17. On or before tlie second Monday of l^ovember before 
each regular session of the general assembj, or annually, if so 
required by the state superiutendeut, the county superintendent 
shall communicate to said state superintendent all such informa- 
tion and statistics upon the subject of schools in his county as 
the said state superintendent is bound to embody in his report to 
the governor, and such other information as the state superin- 
tendent shall require ; and no county from which such report is 
not received in the manner and within the time required by law, 
shall be entitled to any part of the state school fund for the year 
next succeeding that in which no report was made ; and the 
county superintendent so failing or refusing to report, shall be 
liable to removal by the county court or board of supervisors, 
for such neglect of duty : Provided^ that the state sujDerintend- 
ent may remit the forfeiture of funds prescribed in this section, 
for satisfactory cause. 

§ 18. The county superintendent, upon his removal or resig- 
nation, or at the expiration of his term of service, (or in case of 
his death, his representatives,) shall deliver over to his successor 
in office, on demand, all moneys, books, papers and personal 
property belonging to the office, or subject to the control or dispo- 
sition of the county superintendent. 

§ 19. The county superintendent may loan any money, not 
interest, belonging to the county fund, before the same is called 
for according to law by the township treasurer, at the same rate 
of intei'est, upon the same security and for the same length of 
time 8s is provided by this act in relation to the township trea- 
surers ; and notes and mortgages taken in the name of the 
" county superintendent " of the proper county, shall be, and all 
loans heretofore made in the name of the "school commission- 
ers," are hereby declared to be as vaKd as if taken in the name 
of the " trustees of schools " of the proper township, and suits 
may be broughu in the name of the "county superintendents" 
on all notes and mortgages heretofore or hereafter made payable 
to county superintendents. 

§ 20. It shall be the duty of the county superintendent to 
visit every school in his county at least once each year, and 
oftener if practicable, and to note the methods of instruction, the 
branches taught, the text-books used, and the discipline, govern- 
ment and general condition of the schools. He shall give such 
directions in the science, art and methods of teaching as he may 
deem expedient and necessary, and shall be the official adviser 
and constant assistant of the school officers and teachers of his 
county, and shall faithfully carry out the advice and instructions 
of the state superintendent. He shall encourage the formation 
and assist in the management of county teachers' institutes, and 
labor in every practicable way to elevate the standard of teach- 
ing and improve the condition of the common schools of his 



OFFICIAL AND JUDICIAL DECISIONS. 7 

county. In all controversies arising tinder the school law, the 
opinion and advice of the county superintendent shall j&rst be 
sought, whence appeal may be taken to the state superintend- 
ent, upon a written statement of facts, certified by the county 
superintendent. 

§ 21. In all cases where the township board of trustees of any 
township shall fail to prepare and forward, or cause to be pre- 
pared and forwarded, to the county superintendent, the informa- 
tion and statistics required of them in this act, it shall be the duty 
of said county sujDeriutendent to employ a competent person to 
take the enumeration and furnish said statistical statement as far 
as practicable, to the superintendent ; and said person so employed 
shall have free access to the books and papers of said township, to 
enable him to make such statement ; and the township treasurer, 
or other officer or person in whose custody such books and papers 
may be, shall permit said person to examine such books and pa- 
pers, at such times and places as such person may desire for the 
purposes aforesaid ; and the said county superintendent shall 
allows, and pay, to the person so employed by him, for the servi- 
ces, such amount as he may judge reasonable, out of any money 
which is or may come into said superintendent's hands, appor- 
tioned as the share of, or belonging to, such township ; and the 
said county superintendent shall proceed to recover and collect 
the amount so allowed or paid for such services, in a civil action 
before any justice of the peace in the county, or before any court 
having jurisdiction, in the name of the people of the state of Illi- 
nois, of and against the trustees of schools of said township, in 
their individual capacity ; and in such suit or suits the said county 
superintendent and township treasurer shall be competent wit- 
nesses ; and the money so recovered, when collected, shall be 
paid over to the county superintendent for the benefit of said 
township, to replace the money as taken aforesaid. 

§ 22. When any real estate shall have been taken for debts 
due to any school fund, the title to which real estate has become 
vested in any county superintendent, or trustees of schools, for 
the use of the inhabitants of two or more townships, the county 
superintendent may re-sell such real estate for the benefit of said 
townships, under the provisions of this act regulating the sale of 
the common school lands ; and the said superintendent is hereby 
authorized to execute conveyances to purchasers ; and said super- 
intendent shall be entitled to retain the same per centage on the 
amount of such sale, out of the assets thereof, as he is entitled to 
for selling the common school lands. 

TOWNSHIPS — TRUSTEES OF SCHOOLS. 

§ 23. Each congressional township is hereby established a 
township for school purposes. The business of the township 



8 SCHOOL LAWS OF ILLINOIS, WITH 

shall be done by three trustees, to be elected by the legal voters 
of the township, who, npon their election, as hereinafter provided, 
shall be a body politic and corporate, by the name and style ol 

"trustees of schools of township , range ," according to 

the number. The said corporation shall have perpetual existence, 
shall have power to sue and be sued, to plead and be impleaded, 
in all courts and places where judicial ]?roceedings are had. 
Said trustees shall continue in office three (3) years, and until 
others are elected and enter upon tlie duties of their office. At 
the first regular election of trustees, after the passage of this act, 
three trustees shall be elected, who shall, at their first meeting, 
which shall be within ten days after said election, draw lots for 
their respective terms of office, for one, two and three years, and 
thereafter one trustee shall be elected annually. If but two of 
the trustees elect shall be present at the first meeting as aforesaid, 
they shall draw lots as aforesaid, and the lot not drawn shall de- 
termine and fix the term of office of the remaining trustee. 

§ 24. No person shall be eligible to the office of trustee of 
schools, unless he shall be twenty-one years of age, and a resi- 
dent of the township. 

§ 25. The election of trustees of schools shall be on the second 
Monday in October, annually ; but in townships where such elec- 
tion has not been heretofore had, or where there are no trustees 
of schools, the election of trustees of schools may be holden on 
any Monday ; notice being given as hereinafter in this section 
required. The first election shall be ordered, if in townships al- 
ready incorporated, by the trustees of schools of the township, the 
township treasurer giving notice of the time and place by posting 
up notices of the same at least ten days previous to the day of 
election, at or in the school house, or in the most public place 
in every school district in the township. If there are no trustees 
of schools in a township, the clerk of the county court shall cause 
the notice to be given as aforesaid. For all subsequent elections, 
the like notices shall be given by the trustees of schools, through 
the township treasurer : Provided^ that, if upon any day appoint- 
ed as aforesaid, for election aforesaid, the said trustees of schools, 
or judges, shall be of opinion that, on account of the small attend- 
ance of voters, the public good requires it, or if the voters present, 
or a majority of them, shall desire it, they shall postpone said 
election until the next Monday, and at the same place and hour; 
at which meeting the voters shall proceed as if it were not a post- 
poned or adjourned meeting: And, provided, also, that if notice 
shall not have been given as above requred, then, and in that 
case, said election may be ordered, as aforesaid, and holden on 
the first Monday in ISTovember, or any other Monday; notice 
thereof ^ being given as aforesaid : And, frovided, also, that if the 
township treasurer shall fail or refuse to give notice of the regular 
election of trustees, as aforesaid, and if, in case of a vacancy, 



OFFICIAL AND JIJDICIAL DECISIONS. 9 

the remaining trustee, or trustees, shall fail or refuse to order an 
election to fill such vacancy, as required in section twenty-nine of 
the act, then, and in each case, it shall be the duty of the county 
superintendent to order an election of trustees, or to fill vacan- 
cies, as aforesaid, and all elections so ordered and held shall be 
valid to all intents and purposes whatever. 

§ 26. Two of the trustees of schools of incorporated town- 
ships, if present, shall act as judges, and one as clerk of said elec- 
tion. If said trustees shall fail to attend, or refuse to act when 
present, and in townships unincorporated, the qualified voters 
present shall choose from amongst themselves, three judges and 
a clerk to open and conduct said election. 

§ 27. The time and manner of opening, conducting and clo- 
sing said election, and the several liabilities appertaining to the 
•judges and clerks, and to the voters separately and collectively, 
and the manner of contesting said elections shall be the same 
as prescribed by the general election laws of this state, defining 
the manner of electing magistrates and constables, so far as ap- 
plicable, subject to the provisions of this act : Provided, the judges 
may close said election at four o'clock p. m. 

§ 28. No person shall vote at said election unless he possesses 
the qualification of a voter at a general election. In case of a tie 
at such election it shall be determined by lot, on the day of elec- 
tion, by the judges thereof. 

§ 29. "When a vacancy or vacancies shall occur in the board 
of trustees of schools, the remaing trustee or trustees shall order 
an election to fill such vacancy, upon any Monday ; notice to be 
given as required in section twenty-five hereof. 

§ 30. Upon the election of trustees of schools, the judges of 
the election shall cause the poll book of said election to be delivered 
to the county superintendent of the county, with a certificate 
thereon, showing the election of said trustees and names of the 

Eersons elected ; which poll book, with the certificate, shall be 
led by said superintendent, and shall be evidence of such elec- 
tion. 

§ 31. The said trustees of schools, elected as aforesaid, shall 
be successors to the trustees of school lands, appointed by the 
county commissioners' court, and of trustees of schools elected in 
townships, under the provisions of " An act making provisions 
for organizing and maintaining common schools," approved Feb- 
ruary 26, 184:1, and of "An act to establish and maintain com- 
mon schools," approved March 1, 1847. All rights of property, 
and rights and causes of action, existing or vested in the trustees 
of school lands, or trustees of schools appointed or elected as 
aforesaid, for the use of the inhabitants of the township, or any 
part of them, shall vest in the trustees of schools as successors, 
in as full and complete a manner as was vested in the school 



10 SCHOOL LATVS OF ILLINOIS, ^VITH 

commissioner, (the trustees of scliool lands,) or tlie trustees of 
schools appointed and elected as aforesaid. 

§ 32. It shall be the duty of the board of trustees to hold 
regular semi-annual meetings on the first Mondays of April and 
October, and special meetings may be held at such other times as 
they may think proper. Special meetings of the board may be 
called by the president, or any two members thereof, and at all 
meetings, two members of the board shall be a quorum for busi- 
ness. The board shall organize by appointing one of their num- 
ber president, and some person, who shall not be a director or 
trustee, treasm-er, who shall be, ex-officio, clerk of the board. 
The president shall hold his ofiice for one year, and the treasurer 
for two years, and until their successors are appointed ; but either 
of said officers may be removed by the board for good cause. It 
shall be the duty of the president to preside at the meetings of 
the board ; and it shall be the duty of the clerk to be present at 
all meetings of the board, and to record in a book to be provided 
for that purpose, all their official proceedings, which shall be a 
public record, open to the inspection of any person interested 
therein ; and aU of said proceedings, when recorded, shall be 
signed by the president and clerk. If the president or clerk 
shaU be absent, or refuse to perform any of the duties of his office 
at any meeting of the board, a president or clerk, pro tempore, 
may be appointed. 

§ 33. Trustees of schools shall lay off the township into one 
or more districts, to suit the wishes and convenience of a majority 
of the inhabitants of their township, and shall prepare, or cause 
to be prepared, a map of then* township, as often as may be ne- 
cessary, on which map shall be designated district or districts, to 
be styled, " district No. , in township ]S"o. ," which dis- 
tricts they may alter or change at any regular session ; which 
map shall be certified by the president and clerk of the board, 
and filed with and recorded by the county clerk, in a book to be 
kept for that purpose, to be paid for out of the county treasury : 
Provided, that school districts may be formed out of parts of two 
or more townships, or fractional townships, in which case the 
trustees of schools of the townships interested, shall concur in 
the formation of such districts. When a new district is formed 
from one or more districts, the trustees of the township or town- 
ships concerned, shall make division of any tax funds, or other 
funds which are or may be in the hands of the township trea- 
surer or treasm-ers, in proportion to the amount of taxes collected 
from the property remaining in each district ; and all school pro- 
perty belonging to the district or districts out of which the new 
district is formed shall be appraised in a just and equitable man- 
ner, and the estimated value shall be distributed by the trustees 
among the districts concerned, in proportion to the amount of 
taxable property remaining in each; and the town treasurer or 



OFFICIAL AMD JUDICIAL DECISIONS. 11 

treasurers shall forthwitli place the sums so distributed to the 
credit of the respective districts, subject to the order of the direc- 
tors thereof: Frovided, that the funds on hand shall be divided 
at the time such new district is formed, and that all funds pay- 
able, but not yet received by the treasurer or treasurers, shall 
be divided as soon as received, and that the sehool property shall 
be appraised and apportioned as aforesaid within three months 
from the formation of such new district. And when any two or 
more districts shall be consolidated into one, the new district shall 
own all the corporate property and funds of the several districts. 

§ 34, At the regular semi-annual meetings on the first Mon- 
days of April and October, the trustees shall ascertain the amount 
of state, county and township funds on hand and subject to dis- 
tribution, and shall apportion the same as follows : First, two 
pBr cent, to the township treasurer. Second, whatever may be 
due for the books of the treasurer, and such sum as may be 
deemed reasonable for dividing school lands, making plats, etc. 
Third, of the remainder, one-half shall be divided among the 
districts in proportion to the number of children under twenty- 
one years of age in each, and the other half in proportion to the 
attendance certified in the schedules. The funds thus apportioned 
shall be placed on the books of the treasurer to the credit of the 
respective districts, and the same shall be paid out by the trea- 
surer on the legal orders of the directors of the proper districts. 

§ 35. Pupils shall not be transferred from one district to an- 
other without the written consent of a majority of the directors 
of both districts ; which written permits shall be delivered to and 
filed by the proper township treasurer, and shall be evidence of 
such consent. A separate schedule shall be kept for each dis- 
trict, and in each schedule shall be certified the proper amount 
due the teacher from that district, computed upon the basis of the 
total number of days' attendance of all the schedules. If the dis- 
tricts from which the pui3ils are transferred are in the same town- 
ship as the district in which the school is taught, the directors 
of said district shall deliver the separate schedules to their town- 
ship treasurer, who shall credit the district in which the school 
was taught, and charge the other districts with the respective 
amounts certified in separate schedules to be due. If pupils are 
transferred from a district of another township, the schedule for 
that district shall be delivered to the directors thereof, who shall 
immediately draw an order on their treasurer, in favor of the 
teacher, for the amount certified to be due in said separate sched- 
ules. A majority of the directors of each of two or more districts 
may consolidate said districts and appoint three directors for the 
union district so formed, who shall be styled, "directors of union 

district No. , township ISTo, ," who shall have all the 

powers conferred by law upon other school directors. The pro- 
ceedings of the act of consolidation shall be signed by a majority 



12 SCHOOL LAWS OF ILLINOIS, WITH 

of eacli of tlie concurring boards of directors, and delivered to tlie 
trustees of the proper township, and shall be evidence of such 
consolidation ; and upon receiving a copy of said proceedings, it 
shall be the duty of the trustees to change the map of the town- 
ship in accordance therewith, and file the same with the clerk of 
the county court. The separate boards of directors shall then be 
dissolved, and the union directors shall draw lots for their respec- 
tive terms of office and be thereafter elected as provided in the 
forty-second section of the act. 

§ 36. The board of trustees of each township in this state 
shall prepare, or cause to be prepared, by the township treasu- 
rer, the clerk of the board, or other person, and forwarded to the 
county superintendents of the county in which the township lies, 
on or before the second Monday of October, preceding each regu- 
lar session of the general assembly of this state, and at such 
other times as may be required by the county superintendent, 
or by the state superintendent of public instruction, a statement 
exhibiting the condition of schools in their respective townships 
for the preceding biennial period, giving separately each year, 
commencing on the first Mondays of October, and ending on the 
last of September ; which statement shall be as follows : First, 
the whole number of schools which have been taught in each 
year ; what part of said schools have been taught by males ex- 
clusively ; what part have been taught by females exclusively ; 
what part of said whole number have been taught by males and 
females at the same time, and what part by males and females 
at different periods. Second, the whole number of scholars in 
attendance at all the schools, giving the number of males and 
females separately. Third, the number of male and female teach- 
ers, giving each separately; the highest, lowest, and average 
monthly compensation paid to male and female teachers, giving 
each item separately. Fourth, the number of persons under 
twenty-one years of age. Fifth, the amount of the principal of 
the township fund ; the amount of the interest on the township 
fund paid into the township treasury; the amount of state or com- 
mon school fund received by the township treasurer ; the amount 
raised by ad valorem tax and the amount of such tax received 
into the township treasury, and the amount of all other funds 
received into the township treasury. Sixth, amount paid for 
teachers' wages; the amount paid for school house lots; the 
amount paid for building, repairing, purchasing, renting and fur- 
nishing school houses ; the amount paid for school apparatus, for 
books and other incidental expenses for the use of school libra- 
ries ; the amount paid as compensation to township officers and 
others. Seventh, the whole amount of the receipts and expendi- 
tures for school purposes, together with such other statistics and 
information in regard to schools as the state superintendent or 
county superintendent may require. And any township from 



OFFICIAL AND JUDICIAL DECISIONS. 13 

whicli siicli report is not received in the manner and time required 
by law, shall forfeit its portion of the public funds for the next 
ensuing year : Provided, that upon the recommendation of the 
county superintendent, or for good and sufficient reasons, the 
state superintendent may remit such forfeiture. 

§ 37. In all cases where a township is or shall be divided by a 
county line or lines, the board of trustees of such township shall 
make or cause to be made, separate enumerations of male and 
female white persons of the ages as directed in the foregoing sec- 
tion of this act, designating separately the number residing in 
each of the counties in which such may lie, and forward each re- 
spective number to the proper county superintendent of each of 
said counties ; and in like manner, as far as practicable, all other 
statistics and information enumerated and required to be reported 
in the aforesaid section, shall be separately reported to the several 
c'ounty superintendents ; and all such parts of said statistical in- 
formation as are not susceptible of division, and are impracticable 
to be reported separately, shall be reported to the county superin- 
tendent of the county in which the sixteenth section of such town- 
ship is situated. 

§ 38. At each semi-annual meeting, and at such other meet- 
ings as they may think proper, the said 'township board shall ex- 
amine all books, notes, mortgages, securities, papers, moneys 
and effects of the corporation, and the accounts and vouchers 
of the township treasurer, or other township school officer, and 
shall make such order thereon for their security, preservation, 
collection, correction of errors, if any, and for their proper man- 
agejnent, as may seem to said board necessary. 

§ 39. The board of trustees of each township in the state 
may receive any gift, grant, donation or demise made for the use 
of any school or schools, or library, or other school purposes 
within their jurisdiction ; and they shall be, and are hereby in- 
vested in their cor|)orate capacity, with the title, care and custody 
of all school houses and school house sites; but the supervision 
and control of them is expressly vested in the directors of each 
district in which said property is situated ; and when, in the opin- 
ion of the school directors, the school house site has become un- 
necessary, or unsuitable, or inconvenient for a school, said board 
shall sell and convey the same in the name of the said board, 
after giving at least twenty days' notice of such sale, by posting 
up written or printed notices thereof, particularly describing said 
property and terms of sale, and such conveyance shall be exe- 
cuted by the president and clerk of said board, and the avails 
shall be paid over to the township treasurer for the benefit of 
said district, and all conveyances of real estate which may be 
made to said board shall be made to said board in their corporate 
name, and to their successors in office. 

§ 40. The township board shall cause all moneys for the use 



14: SCHOOL LAWS OF ILLINOIS, WITH 

of tlie townships to be paid over to the township treasurer. 
They shall have power, also, to remove the township treasurer at 
any time, for any failure or refusal to execute or comply with 
any order or requisition of said board, legally made, or any other 
improper conduct in the discharge of his duty as treasurer, or at 
any time they may deem such removal expedient. They shall 
also have power, for any failure or refusal as aforesaid, to sue him 
upon his bond. 

§ 41. The township trustees are hereby vested with general 
power and authority to purchase real estate, if in their opinion 
the interests of the township fund will be promoted thereby, in 
satisfaction of any judgment or decree wherein the said board 
or county superintendent are plaintiffs or complainants ; and the 
title of such real estate so purchased shall vest in said board, for 
the use of the inhabitants of said township, for school purposes; 
and all purchases of land heretofore made by county superin- 
tendents, or trustees of school lands, or trustees of schools, for 
the use of any fund or township for the use of schools, are hereby 
declared valid. The said board are hereby vested with general 
power and authority to make all settlements with persons indebt- 
ed to them in their official capacity ; or receive deeds of real 
estate in compromise; and to cancel in such manner as they 
may think proper, notes, bonds, mortgages, judgments and de- 
crees, existing, or that may hereafter exist, for the benefit of the 
township, when the interest of said township, or the fund con- 
cerned, shall, in their opinion, require it ; and their action shal 
be valid. Said board of trustees are hereby authorized to sell or 
lease, at public auction, any land that may come into their pos- 
session, in such manner and on such terms, as they shall deem 
for the interest of the township : Provided^ that in all cases of 
sale of land, as provided in this section, the sale shall be made 
at the same place, and notice given of it in the same manner as is 
provided in this act for the sale of the sixteenth section. 

SCHOOL DIRECTOES — THEIE ELECTION AND DUTIES. 

§ 42. The annual election of school directors shall be on the 
first Monday of August, when one director shall be elected in 
each district, who shall hold his office for three years, and until 
his successor is elected. In new districts the first election may 
be on any Monday, notice being given by the township treasurer, 
as for the election of trustees, when three directors shall be 
elected, who shall, at their first meeting, draw lots for their re- 
spective terms of office, for one, two, and three years. "When 
vacancies occur, the remaining director or directors shall, with- 
out delay, order an election to fill such vacancies. Notices of 
all elections in organized districts shall be given by the directors, 
at least ten days previous to the day of said election. Said noti- 



OFFICIAL AND JUDICIAL DECISIONS. 15 

ces shall be posted in at least three of the most public places in 
the district, and shall specify the place where such election is to 
be held, the time of opening and closing the polls, and the ques- 
tion or questions to be voted on. Two of the directors shall act 
as judges and one as clerk of said election. But, if said direc- 
tors shall fail to attend, or refuse to act, when present, and in 
unorganized districts, the legal voters when assembled shall 
choose three of their number to act as judges, and one as clerk of 
said election : Provided^ that if upon the day appointed for said 
election, the said directors or judges shall be of opinion, that, on 
account of the small attendance of voters, the public good re- 
quires it, or if the voters present, or a majority of them, shall 
desire it, they shall postpone said election until the next Monday, 
at the same place and hour, when the voters shall proceed as if it 
were not an adjourned meeting : And provided, also, that if 
notice shall not have been given, as above required, then said 
election may be ordered as aforesaid, and holden on the third 
Monday in August, or any other Monday, notice thereof being 
given as aforesaid. In case of a tie the judges shall decide it, by 
lot, on the day of electif>n. The directors shall appoint one of 
their number clerk, who shall keep a record of all the official 
acts of the board, in a well bound book, provided for the purpose ; 
which record shall be submitted to the township treasurer, for 
his inspection and approval, on the first Mondays of April and 
October, and at such other times as the township treasurer may 
require. Directors are authorized to use any funds belonging to 
their district, and not otherwise appropriated, for the purchase of 
a suitable book for their records, and the said records shall be 
kept in a punctual, orderly and reliable manner. JSTo person 
shall be entitled to vote at any district election, on the question 
of raising money, unless he shall have resided in the district at 
least thirty days immediately preceding said election, nor unless 
he shall have paid a tax in said district the preceding year, or 
shall have been assessed in such district for the year in which 
such election is held. After every election of directors, the 
judges shall cause the poll book to be delivered to the township 
treasurer, with a certificate thereon showing the election of said 
directors and the names of the persons elected ; which poll book 
shall be filed by the township treasurer, and shall be evidence 
of said election. If any trustee or director shall not be an in- 
habitant of the district or township which he represents, an 
election shall be ordered to fill the vacancy, and no person shall 
be at the same time a director and trustee, nor shall a director 
or trustee be interested in any contract made by the board of 
which he is a member. Should the directors fail or refuse to 
order any regular or special election, as aforesaid, it shall be 
the duty of the township treasurer to order such election, and if 
he fails to do so, then it shall be the duty of the county superin- 



16 SCHOOL LAWS OF ILLINOIS, WITH 

tendent to order such election of directors, within ten days, in 
each case, of such faihu-e or refusal ; and the election held in 
pursuance of such order shall be valid, the same as if ordered by 
the directors. 

§ 43. For the purpose of establishing and supporting free 
schools for six months, and defraying all the expenses of the 
same, of every description ; for the purpose of repairing and im- 
proving school houses ; of procuring furniture, fuel, libraries and 
apparatus ; and for all other necessary incidental expenses, the 
directors of each district shall be authorized to levy a tax annu- 
ally upon all the taxable property of the district. They may also 
appropriate to the purchase of hbraries and apparatus, any sur- 
plus funds, after [all] necessary school expenses are paid. 

§ 44. The directors of each district shall ascertain, as nearly 
as practicable, annually, how much money must be raised by 
special tax for school pm'poses during the ensuing year. They 
shall then find what rate per cent, this amount will require to be 
levied upon the taxable property, real and personal, of the dis- 
trict, which rate, with a list of the resident tax-payers, alphabeti- 
cally arranged, shall be certified and returned to the township 
treasurer, on or before the first Monday of September, annually. 
The certificate of the directors may be in the following form, viz : 

We hereby certify that we require the rate of to be levied as a special 

tax for school purposes, on the taxable property of our district, for the year 

18 — . Given under our hands this day of , 18 — . 

A. B., ^ Directors district No. — township 
CD., V No. — , range No. — , county of 
E. F., J , and State of Illinois. 

It shall be the duty of the township treasurer to return said 
certificate and lists of tax-payers to the clerk of the county court 
on or before the second Monday of September ; and whenever 
the boundaries of the districts of the township shall have been 
changed, the township treasurer shall return to the clerk of the 
county court, with the certificates and lists aforesaid, a map of 
the township, showing such changes, and certified as required in 
the thirty-third (33d) section of the act. When a district lies 
in two or more counties, the directors shall determine and certify 
the rates to be levied on the taxable property lying in each 
county, and return the same, with separate lists of resident tax- 
payers, to the township treasurer, who shall return them to the 
respective county clerks, as hereinbefore provided. 

§ 45. According to the rate or rates certified as aforesaid, the 
said county clerk, when making out the tax books for the collec- 
tor, should compute each taxable person's tax in said district, 
taking as a basis the total amount of taxable property returned by 
the county assessor for that year, lying and being in said district, 
whether belonging to residents or non-residents, and also each 
and every tract of land assessed by the assessor, which lies, or the 



OFFICIAL AND JUDICIAL DECISIONS. IT 

largest part of wliich lies in said district. The said county clerk 
shall cause each person's tax so computed to be set upon the tax 
book to be delivered to the collector for that year, in a separate 
column, against each tax payer's name, or parcel of taxable pro- 
perty, as it appears in said collector's book, to be collected in the 
same manner, and at the same time, and by the same persons, as 
state and county taxes are collected : Provided^ the assessments 
so made in the years intervening between the regular biennial 
assessments of real estate, as provided in the revenue acts, shall 
be based upon the taxpayer's real estate as assessed at the regular 
biennial assessment. The computations of each person's tax, and 
the levy made by the clerk as aforesaid, shall be final and con- 
clusive : Provided, further, the rate shall be uniform, and not 
exceed the rate certified by the board of directors ; and the said 
county clerk, before delivering the tax book to the collector, shall 
make out and deliver, on demand, to each township treasurer of 
the respective townships in the county, a certificate of the amount 
due each district in his township of said tax so levied and placed 
upon the tax books ; and on or before the first day of April next 
after the delivery of the tax books containing the computation 
and levy of said taxes aforesaid, or as soon thereafter as the town- 
ship treasurer shall present the said certificate of the amount of 
said tax, and make a demand therefor, the said collector shall 
pay to said township treasurer the full amount of said tax so 
certified by the county clerk, retaining from said amount onlj^ two 
per centum as his fees for collection, taking of the township trea- 
surer his receipt therefor, which receipt shall be evidence, as well 
in favor of the collector as against the township treasurer ; and 
said treasurer shall enter the same in his books, under the proper 
heads, and pay the same out as provided for by this act. When 
a district is composed of parts of two or more townships, the 
directors shall determine and inform the collector in writing, un- 
der their hands as directors, which of the treasurers of the town- 
ships from which their district is formed shall demand and re- 
ceive the tax money collected by the county collector as afore- 
said. 

§ 46. If any collector shall fail to pay the amount of said 
tax, or any part thereof, as required in the aforesaid section, it 
shall be competent for the township treasurer, or other authorized 
persons, to proceed against such collector and his securities in an 
action of debt in the county court ; which court is hereby vested 
with full power and authority to hear and determine all such suits, 
render judgments and issue excution ; or said suit may be 
brought in any other court having jurisdiction ; and the said col- 
lector, so in default, shall pay twelve per centum upon the amount 
due, to be assessed as damages, which shall be included in the 
judgment rendered against him : Provided, no collector shall be 
liable for such part of said tax as he shall be able to make appear 
—3 



18 SCHOOL LAWS OF ILLINOIS, WITH 

he could not liave collected by law, until lie may be able to so 
collect sucb amount. 

§ 47. For tlie purpose of building scbool bouses, or purchas- 
ing school sites, or for repairing and improving the same, the 
directors, by a vote of the people, may borrow money, issuing 
bonds, executed by the officers, or at least two members of the 
board, in sums of not less than one hundred dollars ; but the rate 
of interest shall not exceed ten per cent. ; nor shall the sum bor- 
rowed in any one year exceed five per cent, of the taxable pro- 
perty of the district ; nor shall the tax levied in any one year, 
for building school houses, exceed three per cent, [of said taxable 
property.] 

§ 48. The directors of each district are hereby declared a 
body politic and corporate, by the name of " school directors of 

district No. , township IsTo. , county of , and state 

of Illinois," and by that name may sue and be sued in all courts 
and places whatever. Two directors shall be a quorum for busi- 
ness. The directors shall be liable, as directors, for the balance 
due teachers, and for all debts legally contracted. They shall 
establish and keep in operation, for at least six months in each 
year, and longer if practicable, a sufficient number of free schools 
for the proj)er accommodation ot all the children in the district 
over the age of six and under twenty-one years. They may 
adopt and enforce all necessary rules and regulations for the 
management and government of the schools, and shall visit and 
inspect the same as often as practicable. They shall appoint all 
teachers, fix the amount of their salaries, and may dismiss them 
for incompetency, cruelty, negligence or immorality. They may 
direct what branches of study may be taught, and what text- 
books shall be used m their respective schools, and may susjDend 
or expel pupils for disobedient, refractory or incorrigibly bad 
conduct. It shall not be lawful for a board of directors to pur- 
chase or locate a school house site, or to purchase, build. or move 
a school house, or to levy a tax to extend schools beyond six 
months, without a vote of the people, at an election called and 
conducted as required in the forty-second section of the act. A 
majority of the votes cast shall be necessary to authorize the di- 
rectors to act : Provided, that if no one locality shall receive a 
majority of all the votes cast at such election, the directors may, • 
if in their judgment the public interest requires it, proceed to 
select a suitable school house site, and the site so chosen by them 
shall, in such case, be legal and valid, the same as if it had been 
determined by a majority of the votes cast. 

OF JUDGMENTS AND EXECUTIONS AGAINST BOARDS OF TRUSTEES OR 
SCHOOL DIRECTORS. 

§ 49. If judgment shall be obtained against any township 
board of trustees or school directors, the party entitled to the 



OFFICIAL AND JUDICIAL DECISIONS. 19 

benefit of such judgmeiit may have execution therefor, as fol- 
lows, to-wit : It shall be lawful for the court in which such judg- 
ment shall be obtained, or to which such judgment shall be re- 
moved, by transcript or appeal from a justice of the peace, or 
other court, to issue thence a writ, commanding the directors, 
trustees and treasurer of such township to cause the amount 
thereof, with interest and costs, to be paid to the party entitled 
to the benefit of said judgment, out of any moneys, unappropria- 
ted, of said townships ; or if there be no such moneys, out of the 
first moneys applicable to the payment of the kind of services 
or indebtedness for which such judgment shall be obtained, 
which shall be received for the use of such township ; and to 
enforce obedience to such writ by an attachment, or by mem- 
danius, requiring such board to levy a tax for the payment of said 
judgment ; and all legal process as well as writs to enforce pay- 
ment of a judgment, shall be served either on the president or 
clerk of the board. 

EXAMINATION AND QUALIFICATIONS OF TFACHERS. 

§ 50. No teacher shall be authorized to teach a common 
school under the provisions of this act who is not of good moral 
character, and qualified to teach orthography, reading in English, 
penmanship, aiithmetic, English grammar, modern geography 
and the history of the United States. It shall be the duty of 
the county superintendent to grant certificates to such teachers 
as may, upon due examination by himself or a board of exam- 
iners by him appointed, be found to possess the necessary qual- 
ifications. Said certificates shall be of two grades ; those of the 
first grade shall be valid for two years ; those of the second grade 
for one year. The county superintendent may, at his option, 
renew said certificates, at their expiration, by his endorsement 
thereon, and may revoke the same at any time, for immorality, 
incompetency, or other just cause. Said certificate may be in the 
following form, viz : 

, Illinois, , 18 — , 

County. 

The undersigned having examined in orthography, reading in Eng- 
lish, penmanship, arithmetic, English grammar, modern geography and the 

history of the United States, and being satisfied that is of good moral 

character, hereby certifies that qualifications in the above branches are 

such as to entitle to this certificate, being of the grade, and valid 

in said county for year from the date hereof, renewable at the option of 

the county superintendent by his endorsement thereon. Given under my hand, 
at the date aforesaid. 

A. B., County Superintendent of Schools. 

Each county superintendent shall also keep a record, in a book 
provided for that purpose, of all teachers to whom he grants cer- 
tificates. Said record shall show the date and grade of each cer- 



20 



SCHOOL LAWS OF ILLINOIS, WITH 



tificate granted, and the name, age and nativity of each teacher, 
and shaJi give the names, etc., of male and female teachers sepa- 
rately. Said record may be as follows, viz : 



NAJIE, 


AGE. 


NATIVITY. 


DATE. 


GRADE. 


REMARKS. 


Caarles Thompson. 


25 


Illinois. 


March Ist, 1S64. 


1 


Has taught 5 years. 



A copy or transcript of said record shall be transmitted by the 
county superintendent, vrith his regular report, to the state super- 
intendent. 

The state superini-endent of public instruction is hereby author- 
ized to grant state certificates to such teachers as may be found 
worthy to receive them, which shall be of perpetual validity in 
every county and school district in the state. But state certifi- 
cates shall only be granted upon public competitive examination, 
of which due notice shall be given, in such branches and upon 
such terms and by such examiners as the state superintendent 
and the principal of the T^ormal University may prescribe. The 
fee for a state certificate shall be five dollars. Said certificates 
may be revoked by the state superintendent upon proof of im- 
moral or unprofessional conduct. Every school established under 
the provisions of this act shall be for the purpose of instruction 
in the various branches of an English education, and no school 
funds shall be appropriated under this act for any other class or 
description of schools : Provided^ that nothing herein contained 
shall prevent the teaching, in common schools, of other and 
higher branches than those enumerated in this section. 

§ 51. It shall be the duty of county superintendents to hold 
meetings, at least quarterly, and oftener, if necessary, for the 
examination of teachers, on such days and at such places in 
their respective counties as will, in their opinion, .accommodate 
the greatest number of persons desiring such examination. ]^o- 
tice of such meetings shall be published a sufiicient length of time 
in at least one newspaper of general circulation ; the expense of 
such publication to be paid out of the school fund. County su- 
perintendents shall, in no case, exact or receive any fee for cer- 
tificates. 



TEACHERS THEIE DUTIES. 

§ 53. No teacher shall be entitled to any portion of the com- 
mon school or township fund, or other public fund, or be em- 
ployed to teach any school under the control of any board of 
directors of any school district in this state, who shall not, be- 
fore his employment, exhibit to said board, or to a committee of 
said board, a certificate of qualification obtained under the pro- 



OFFICIAL AND JUDICIAL DECISIONS. 



21 



visions of this act ; nor shall any teacher be paid any portion 
of the school or public fund aforesaid, unless he shall have kept 
and furnished schedules as herein directed. 

§ 53, Teachers shall make schedules of the names of all schol- 
ars under twenty-one years of age, attending their schools, in the 
form prescribed by this act ; and when scholars reside in two 
or more districts, townships or counties, separate schedules shall 
be kept for each district, township or county, and the absence or 
presence of every scholar shall be set down under the proper 
date, and opposite the name on every day that school is open, 
and the absence of a scholar shall be signified by a blank — the 
presence by a mark. The schedule to be made and returned by 
the teacher shall be, as near as circumstances will permit, in the 
following form, viz : 

SCHEDULE of a common school kept by A. B., at— 

township number , range numbei , of the- 

county of , in tlie State of Illinois: 



in district number , in 

principal meridian, in the 



Names and ages of scholars at- 
tending my school, and residing 
in district number — in town- 
ship — north, range — west, in 
— county. 



Name. 



John Smith 

Isaac Meslier 

Sarah Danforth., 
Mary Newman 



-* 'lO to 02 



1 1 
1 

1 1 
1 I 












.^ f,i 






Males. 


Females. 


Total. 




2 


2 


4 












.. S.2 





And the teacher shall add up and set down the whole number 
of days' attendance of each scholar, and add up said whole num- 
bers, and make out the grand total number of days' attendance. 
He shall also note the whole number of scholars, giving the 
males and females separately ; the average daily attendance ; and 
shall set the age of each pupil opposite the name of said pupil, 
as in the form above prescribed, and shall attach thereto his cer- 
tificate, which shall be in the following form, viz : 

I certify that the foregoing schedule of scholars attending my school, as 
therein named, and residing as specified in said schedule, to the best of my 



22 SCHOOL LAWS OF ILLINOIS, "WITH 

knoTvledge and belief, is correct ; and that it Tras a school for the purpose of 
teaching various branches of an English education. 

A. B., Teacher. 

"When tlie teacher shall have completed liis or lier schedule or 
schedules, as above reqnu-ed, he or she shall deliver it to some 
one of the directors, and it shall be the duty of said director, in 
connection with one other director of the board, to carefully ex- 
amine such schedule or schedules, aud, after correcting all errors, 
and if they shall find such schedule to have been kept according 
to law, they shall certify to the same, as near as practicable, in 
the following form, viz : 

STATE OF ILLINOIS, \ ,g 
County. j *" " 

We, the undersigned, directors of , in township number , range 

niimber , in the county aforesaid, certify that we have examined the forego- 
ing schedule, and find the same to be correct, and that the school was conducted 
according to law. That there is now due said CD, teacher, as per contract, the 
sum of dollars and cents, and that the said teacher has a legal certifi- 
cate of good moral character, and of qualification to teach a common school 
(or of such grade as the case may be.) 

Witness our hands, this day of , a. d. 185 — . 

p" -pv"' > Directors. 

"Which schedule or schedules, certified as aforesaid by at least 
two directors, shall be filed by said directors with the township 
treasurer; and until such schedule and report, as aforesaid, shall 
have been filed as aforesaid, it shall not be lawful for said treasurer 
to pay said teacher, or any two members thereof to draw an order 
in favor of said teacher. 

§ 54. School directors shall certify no schedule that reaches 
back to a time more than six months from the time fixed by law 
for the regular return of schedules to the township treasurer. 
Schedules made and certified, as aforesaid, shall, at least two days 
before the first Monday in April and October, be delivered by the 
directors to the township treasurer. The director, or directors, to 
whom the schedule is delivered by the teacher, shall receipt for 
the same ; which receipt shall be evidence in favor of the teacher, 
and against the director or directors ; and the directors shall be 
personally liable for any loss sustained by the teacher through 
their faihu'e to deliver the schedule to the township treasui-er 
within the time fixed by law. Teachers' schedules are hereby 
declared payable on the first Mondays in April and October of 
each year ; and for any portion of the amount certified in said 
schedules, by the directors, to be due, and remaining unpaid, after 
said first Mondays in April and October, respectively, teachers 
shall be entitled to interest, at the rate of ten (10) per cent, per 
annum, until paid; and it is hereby made the duty of all school 
directors, trustees and township treasurers, to allow and pay said 
rate of interest upon all unpaid balances due teachers, as afore- 



OFFICIAL AND JUDICIAL DECISIONS. 23 

said, and said balances shall be paid ont of tlie first moneys 
coming into the hands of the township treasurer, to the credit of 
the proper district, and not otherwise previously and specifically 
appro]3riated. 

TOWNSHIP TREASUEEE — HIS DUTIES. 

§ 55. The township treasurer, appointed by the board of trus- 
tees, shall, before entering upon his duties, execute a bond, with 
two or more freeholders, who shall not be members of the board, 
as securities, payable to the board of the township for which 
he is appointed treasurer, with a sutiicient penalty to cover all 
liabilities which may be incurred, conditioned faithfully to per- 
form all the duties of township treasurer, in township , 

range , in county, according to law. The security 

.shall be approved by at least a majority of the board, and shall 
be delivered by one of the trustees to the county superinten- 
dent of the proper county. And in all cases where such treasurer 
aforesaid is to have the custody of all bonds, mortgages, moneys 
and effects denominated principal, and belonging to the township 
for which he is appointed treasurer, the penalty of said treasurer's 
bond shall be twice the amount of said bonds, notes, mortgages, 
moneys and eifects. And every township treasurer appointed 
subsequent to the first, as herein provided, shall execute bond, 
with security, as is required by the first treasurer. The bond 
required in this section shall be in the following form, viz : 

STATE OF ILLINOIS, ) 

County. ) ^^' 

Know all men by these presents, that we, A. B., C. D., and E. P., are held 

and firmly bound, jointly and severally, unto the board of , in said county 

in the penal sum of dollars, for the payment of which we bind ourselves, 

our heirs, executors and administrators, firmly by these presents. 

In witness whereof, we have hereunto set our hands and seals, this 

day of , A. D. 18 — . 

The condition of the above obligation is such, that if the above bounded A. B., 

township treasurer of township , ra.nge , in [the county aforesaid, 

shall faithfully discharge all the duties of said office according to the laws 
which now are, or may hereafter be in force, and shall deliver to his suc- 
cessor in office all moneys, books, papers, securities and property in his hands 
as such township treasurer, then this obligation to be void; otherwise to re- 
main in full force. 

A. B., [seal.] 
C. D., [seal.] 
E. P., [seal.] 
Approved and accepted by 

G. H.,-| 

I. J., J- Trustees. 

K.L.,J 

§ 56. Every township treasurer shall provide himself with 
two well bound books, the one to be called a cash book, the other 
a loan book. He shall charge himself in the cash book with all 
moneys received, stating the charge, when, from whom and on 



24 



SCOOL LAWS OF ILLINOIS, WITH 



what account received ; and credit himself with all moneys paid 
or loaned, the amount loaned, the date of the loan, the rate of 
interest, the time when payable, the name of the securities, or, if 
real estate be taken, a description of the same. He shall also 
enter, in separate accounts, moneys received and moneys paid 
out, charging the first to debit account, and crediting the latter as 
follows, to- wit : First, the principal of the township fund, when 
paid in and when paid out. Second, the interest of the township 
fund, when received and when paid out. Third, the common 
school fund, and other funds, when received from the county 
superintendent and when paid out. Fourth, the taxes received 
from the county collector, distinguishing between that for general 
school pm-poses and that levied for the purpose of prolonging 
schools. Fifth, donations received. Sixth, moneys coming from 
all other sources; and in all cases entering the date when re- 
ceived and when paid out ; and he shall also arrange and keep 
his books and accounts in such other manner as may be directed 
by the state or county superintendent, or the board of trustees. 
He shall also provide a book, to be called a journal, in which he 
shall record, fully and at length, the acts and proceedings of the 
board, their orders, by-laws and resolutions ; which book shall 
be at all times subject to the inspection of said board, or other 
person authorized by this act, or of any committee appointed by 
the inhabitants of the township to examine the same. And he 
shall also jDrovide a book, to be called a record, in which he shall 
enter a brief description of all notes or bonds belonging to the 
township, and upon the opposite page he shall note down when 
paid, or any remarks to show where or in what condition it is, as 
in the following form, viz : 



makers' 

NAME. 


DATE OF NOTE. 


WHEN DUE. 


AMOUNT. 


REMARKS. 


A. B. C. D. 

E. F. 


January 1st, 
185—. 


January 1st, 
185—. 


$90 00. 


January 6, 185—, handed to 
I. J. , for collection, (or January 
6, 185—, paid. 



§ 57. Township treasurers shall loan, upon the following con- 
ditions, all moneys which shall come to their hands by virtue of 
their office, except such as may be subject to distribution. The 
rate of interest shall not be less than six per cent., nor more than 
ten per cent, per annum, payable half-yearly in advance ; the 
rate of interest to be determined by a majority of the township 
trustees, at any regular or special meeting of their board. No 
loans shall be made for less than six months, or more than five 
years. For all sums not exceeding one hundred dollars, loaned 
for not more than one year, two responsible securities shall be 
given ; for all sums over one hundred dollars, and for all loans 
for more than one year, security shall be given by mortgage on 



OEFICIAL AND JUDICIAL DECISIONS. 25 

real estate, nniiicumbered, in value double the amount loaned, 
with a condition, that in case additional security shall, at any 
time, be required, the same shall be given to the satisfaction of 
the board of trustees for the time being: Provided^ that nothing 
herein shall prevent the loaning of township funds to boards of 
school directors, taking bonds therefor, as provided in section 
forty-seven of the act : And^ provided further, that all loans of 
school money, made by township treasurers and school officers, 
during the past two years, in accordance with the instructions 
of the state superintendent, are hereby declared lawful, as if made 
under the provisions of this section, asamended. ISTotes, bonds, 
mortgages and other securities taken for money or other property, 
due or to become due to the board of trustees for the township, 
shall be payable to the said board by their corporate name ; and 
in such name suits, actions and complaints, and every description 
of legal proceedings, may be had for the recovery of money, the 
breach of contracts, and for every legal liability which may at 
any time arise or exist, or upon which a right of action shall 
accrue to the use of this corporation : Provided, however, that 
notes, bonds, mortgages and other securities in which the name 
of the county superintendent, or of the trustees of schools, are 
inserted, shall be valid to all intents and purposes ; and suit shall 
be brought in the name of the board of trustees as aforesaid. 
The wife of the mortgager (if he has one) shall join in the mort- 
gage given to secure the payment of money loaned by virtue of 
the provisions of this act. 

§ 58. Mortgages to secure the payment of money loaned under 
the provisions of this act may be in the following form, viz : 

I, A. B., of the county of , and state of , do hereby grant, convey 

and transfer to the board of trustees of township , range , in the county 

of , and state of Illinois, for the use of the inhabitants of said township, 

the following described real estate, to wit : (Here insert premises.) Which real 

estate I declare to be in mortgage for the payment of dollars loaned to me, 

and for the payment of all interest that may accrue thereon, to be computed 

at the rate of per cent, per annum until paid. And I do hereby covenant 

to pay the said sum of money in years from the date hereof, and to pay 

interest on the same at the rate aforesaid, half-yearly in advance. I further 
covenant that I have a good and valid title to said estate, and that the same is 
free from all incumbrance ; and that I will pay all taxes and assessments which 
may be levied on said estate ; and that I will give any additional security that 
may at any time be required by said board of ^trustees ; and if said estate be 
sold to pay said debt, or any part thereof, or for any failure or refusal to comply 
with or perform the conditions or covenants herein contained, I will deliver 
immediate possession of the premises ; and in consideration of the premises, 
C, wife of said A. B., doth hereby release to the said board all her right and 
title of dower in the aforegranted premises, for the purposes aforesaid. 

In testimony whereof, we have hereunto set our hands and seals this 

day of , 18 — . 

A. B., [seal.] 
0. D., [seal.] 

"Which mortgage shall be acknowledged and recorded, as is 
required by law for other conveyances of real estate, the mort- 



26 SCHOOL LAWS OF ILLINOIS, WITH 

gager paying tlie expenses of acknowledgment and recording, and 
fifty cents as a fee to thfe township treasurer. 

§ 59. Upon the breach, of any condition or stipulation con- 
tained in said mortgage, an action may be maintained and damages 
recovered as upon other covenants ; but mortgages made in any 
other form to secure payment as aforesaid shall be valid as if no 
form had been prescribed. In estimating the value of real estate 
mortgaged to secure the payment of money loaned under the 
provisions of this law, the value of improvements liable to be 
destroyed, shall not be included. 

§ 60. In all cases where the board of trustees shall require 
additional security for the payment of money loaned, and such 
security shall not be given, the township treasurer shall cause 
suit to be instituted for the recovery of the same, and all interest 
thereon, to the date of judgment : Provided^ that proof be made 
of the said requisition. In the payment of debts by executors 
and administrators, those due the common school or township 
fund shall have a preference over all other debts, except funeral 
and other expenses attending the last sickness, not including the 
physician's bill. And it shall be the duty of the township treas- 
urer to attend at the office of the probate justice upon the proper 
day, as other creditors, and have any debts as aforesaid, probated 
and classed, to be paid as aforesaid. 

§ 61. If default be made upon the payment of interest due 
upon money loaned by any county superintendent or township 
treasurer, or in the payment of the principal, interest at the rate 
of twelve per cent, per annum shall be charged upon the principal 
and interest from the clay of default, which shall be included in 
the assessment of damages, or in the judgment in suit or action 
brought upon the obligation to enforce payment thereof; and in- 
terest as aforesaid may be recovered in action brought to recover 
interest only. And the said township treasurers are hereby 
empowered to bring appropriate actions, in the name of the board 
of trustees, for the recovery of the half-yearly interest, when due 
and unpaid, without suing for the principal, in whatever form 
secured, and justices of the peace shall have jurisdiction in such 
cases of all sums under one hundred dollars. 

§ 62. All suits brought, or actions instituted under the pro- 
visions of this act, may be brought in the name of the " board 

of trustees of township , range ," except as is provided 

for action qui tain in this act, or in favor of county superinten- 
dents. The township treasurer shall demand, receive and safely 
keep, according to law, all moneys, books and papers of every 
description belonging to his township. He shall keep the town- 
ship fund loanecl at interest; and if on the first Monday of 
October in any year there shall be any interest or other funds on 
hand which shall not be required for distribution, such amount 
not required, as aforesaid, may, if the board of trustees see proper, 



OFFICIAL AND JUDICIAL DECISION'S. 2Y 

forever be considered as principal in the funds to which it 
belongs, and loaned as such. 

§ 68, On the first Mondays of April and October, of every 
year, the township treasurer shall lay before the board of trustees 
a statement, showing the amount of interest, rents, issues and 
profits that have accrued or become due since their last regular 
half-yearly meeting on the township lands and township funds, 
and also the amount of state and county fund interest on hand. 
He shall also lay before the said trustees all books, notes, bonds, 
mortgages, and all other evidence of indebtedness belonging to 
the township, for the examination of the trustees, and shall make 
such other statement as the board may require touching the duties 
of his ofiice. The township treasm^er shall also, on the first 
Mondays of April and October of each year, make a full settle- 
ment with the respective boards of directors in his township, and 
shall deliver to the clerk of each of said boards, on demand, a 
statement, or exhibit, showing the exact condition of the account 
of each district, and the amount of funds of, every discription 
in his hands to the credit of, and belonging to, each district 
respectively, and subject to the order of the directors thereof 

§ 64. For any failure or refusal to perform all the duties 
required of town&hip treasurer by law, he shall be liable to the 
board of trustees upon his bond, to be recovered by action of debt 
by said board, in their corporate name, for the use of the proper 
township, before any court having jurisdiction of the amount of 
damages claimed; but if said treasurer, in any such failure or 
refusal, acted under and in conformity to a requisition or order 
of said board, or a majority of them, entered upon their journal 
and subscribed by their president and clerk, then and in that 
case the members of the said board aforesaid, or those of them 
voting for said requisition or order aforesaid, and not the treasurer, 
shall be liable, jointly and severally, to the inhabitants of the 
township, to be recovered by action of assumpsit in the official 
name of the county superintendent of schools, for the use of the 
proper township. 

§ 65. When a township treasurer shall resign, or be removed, 
and at the expiration of his term of office, he shall pay over to 
his successor in ofiice all money on hand, and deliver over all 
books, notes, bonds, mortgages, and all other securities for money, 
and all papers and documents of every description, in which 
the corpoi-ation may have any interest whatever ; and in case of 
the death of the township treasurer, his securities and legal 
representatives shall be bound to comply with the requisitions of 
this section. And for any failure to comply with the requisitions 
of this section, he shall be liable to a penalty of not less than 
ten nor more than one hundred dollars, at the discretion of the 
court before which judgment may be obtained; and the obtain- 



28 SCHOOL LAWS OF ILLINOIS WITH 

ing or payment of said judgment shall in no wise discliarge or 
diminish the obligation of his official bond. 

TOWNSHIP AND COUNTY SCHOOL FUNDS. 

§ 66. All bonds, notes, mortgages, moneys and effects, which 
have heretofore accrued, or may hereafter accrue, from the sale 
of the sixteenth section of the common school lands of any town- 
ship or county, or from the sale ol any real estate, or other 
property, taken on any judgment, or for any debt due to the 
principal of any township or county fund ; and all other funds 
of every description, which have been or may hereafter be 
carried to and made part of the principal of any township or 
county fund, by any law which has heretofore been, is now, or 
may hereafter be enacted, are hereby declared to be, and shall 
forever constitute the principal of the township or county fund, 
respectively, and no part thereof shall ever be distributed or 
expended for any ^purpose whatever, but shall be loaned out, and 
held to use, rent or profit, as provided by law. But the interest, 
rents, issues and profits, arising and accruing from the principal 
of said township or county fund, shall be distributed in the 
manner and at the times as provided in this act and the act of 
which this is amendatory ; nor shall any part of such interest, 
rents, issues and profits, be carried to the principal of the re- 
spective funds. 

§ 67. School funds collected from special taxes, levied by 
order of school directors, or from the sale of propety belonging 
to any district, shall be paid out on the order of the proper board 
of directors ; and all other moneys and school funds, liable to 
distribution, paid into the township treasury, or coming into the 
hands of the township treasurer, shall, after said funds have been 
apportioned by the township trustees, as required in section 
thirty-four of the act of which this act is amendatory, be paid out 
only on the order of the proper board of directors, signed by the 
president and clerk of said board, or by a majority thereof. For 
all payments made, receipts shall be taken and filed. In all 
such orders shall be stated the purpose for which, or on what 
account drawn. Said orders may be in the following form, viz : 

The treasurer of township No. , range No. in county, will pay 

to , or bearer, dollars and cents, (on his contract for re- 
pairing school house, or whatever the purpose may be.) 

By order of the board of directors of district No. , in said township. 

A. B., President . 

C. D.. Clerk. 

Which order, together with the receipt of the person to whom 
paid, shall be filed in the office of the township treasurer. 



OrFICIAL AND JUDICIAL DECISIONS. 29 



COMMON SCHOOL FUNDS. 

§ 68. The common school fund of this state shall consist of 
such sums as will be produced by the annual levy and assessment 
of two mills upon each dollar's valuation of all the taxable property 
in the state ; and there is hereby levied and assessed, annually, 
in addition to the revenue for state purposes, the said two mills 
upon each dollar's valuation of all taxable property in the state, 
to be collected and paid, and the amount due from the state, 
according to a statement and settlement of the account between 
the state and that fund under the provisions of an act entitled 
" An act to provide for the distribution and application of the 
interest on the school, college and seminary fund," approved 
on the seventh of February, one thousand eight hundred and 
thirty-five, and of all funds which have been or may be received 
by the state from the United States, for the use and support 
of common schools ; and also of the money added to the common 
school fund, which was received from the United States under 
an act of Congress providing for the distribution of the surplus 
revenue of the United States, and which was invested in bank 
stock by authority of the state, and of the amount added to the 
school fund under an act requiring the three per cent, fund to be 
invested in state bonds: Provided, that in cases where hereto- 
fore the state taxes have not been collected in any county, such 
county shall not be entitled to a distribution of the college, semi- 
nary and school fund, for the period of time that no such taxes 
have been collected, and that the portion of the fund aforesaid 
shall in such cases be distributed without regard to such county. 

§ 69. The state shall pay an interest of six per cent, per 
annum upon the amount of the aforesaid common school funds, 
except on so much thereof as may be realized from the levy 
of the tax directed to be levied under the provisions of this act, 
which shall be paid annually, and applied to the support of 
the common schools, as herein provided. The state shall also 
pay, as aforesaid, and at the same time, an interest of six per 
centum per annum upon the amount due the college and seminary 
fund ; which interest shall be loaned to the common school fund, 
and known in this law and applied in all cases as interest on 
the common school fund as aforesaid. 

§ TO. On the first Monday in January, in each and every 
year next after taking the census of the state, the auditor of 
public accounts shall, under the supervision of the commissioner 
of the school fund of the state, ascertain the number of white 
children in each county in the state under twenty years of age, 
and shall thereupon make a dividend to each county of two-thirds 
the sum from the tax levied and collected under the provisions 
of the sixty-eighth section of this act ; and the interest due on 
the school, college and seminary fund, in proportion to the number 



30 SCHOOL LAWS OF ILLINOIS, "SVITH j 

1 

of white cliilclren in each county under the age aforesaid, and of 
the remaining one-third, in proportion to the number of town- 
ships and parts of townships in each county, and issue his 
warrant to the superintendent of schools of each county upon 
the collector thereof. And upon presentation of said warrant by 
the county superintendent to the (Collector of his county, said 
collector or treasurer shall pay over to the ounty superintendent 
the amount of said warrant out of the first specie funds which 
may be collected by him, and not otherwise appropriated by 
law, taking said superintendent's receipt therefor; and on set- 
tlement with the auditor said collector shall be credited with the 
amount specified in said receipt, in the same manner as if it had 
been paid into the treasury. Disddends shall be made as afore- 
said, according to the proportions ascertained to be due to each 
county annually thereafter, until another census shall have been 
taken, and then dividends shall be made and continued as afore- 
said, according to the last census : Provided^ that if any collector 
shall fail or refuse topay, in gold or silver, the amount of the 
aforesaid warrant, or any part thereof, by the first day of March 
annually, or so soon thereafter as it may be presented, it shall be 
coinpetent for the county superintendent to proceed against said 
collector and his securities, in an action of debt, in the county 
court ; which court is hereby vested with full power and authority 
to hear and determine all such suits, render judgement, and issue 
execution; or said suit may be brought in any court having jm'is- 
diction : and the said collector shall pay twelve per centum, 
to be assessed as damages, u23on the amount due, and which- 
shall be included in the judgment obtained against him. 

COMPENSATION OF OFFICERS. 

§ Yl. Collectors of the two mill tax, authorized under sec- 
tion sixty-eight (68) of the act of which this act is amendatory, 
shall be entitled to only two per cent, on the amount collected by 
them. County superintendents shall be allowed to retain, out 
of the township funds of the township for which the services 
may be rendered, three per cent, upon the amount of sales of 
school lands, and upon the real estate taken for debt, for their 
services in making such sales, including such other services,, 
connected therewith, as are required by the provisions of this 
act and the act of which this act -is amendatory; and two per 
cent, they may retain upon the amount of all sums distributed, 
paid or loaned out by them for the support of schools. And for 
their services as county superintendents of schools, including the 
duties enjoined by the sixth [twentieth] section of this act, they 
shall be entitled to receive three dollars per day for any number 
ol days not exceeding two hundred in anyone year; which ac- 
count shall be certified and sworn to bv the county superintendent, 



OFFICIAL AND JUDICIAL DECISIONS. 31 

and shall be paid semi-annually, from the county treasury. 
County courts and boards of supervisors are also authorized to 
make additional appropriations to county superintendents for 
their services, if deemed |)roper, and also for the maintenance 
and encouragement of county teachers' institutes, for the improve- 
ment and beneiit of the teachers of common schools in their 
respective counties. 

§ 72, Township treasurers shall be allowed to retain two 
per cent, upon all sums paid out or loaned by them, including 
moneys raised by virtue of any district tax. County treasurers 
shall not be entitled to any commissions upon school taxes col- 
lected and paid over to them by county or township collectors, 
any law of . this state to the contrary notwithstanding. Boards 
of township trustees shall, and it is hereby made their duty to 
make a reasonable allowance, annually, to said treasurers, for 
their services performed as clerks of said boards, to be paid out 
of the township funds. County superintendents, trustees of 
schools, school directors, and all other school officers, shall be 
exempted from working on the roads and military duty. 

LIABILITIES OF OFFICEKS. 

§ 73. If any county superintendent, trustee of schools, town- 
ship treasurer, director, or any person entrusted with the care, 
control, management or disposition of any school, college, sem- 
inary or township fund, for the use of any county, township, 
district or school, shall convert any such 'funds, or any portion 
thereof to his own use, he shall be liable to indictment, and upon 
conviction shall be fined in not less than double the amount of 
money converted, and imprisoned in the county jail not less than 
one or more than twelve months, at the discretion of the court. 

§ 74:. Trustees of schools shall be liable, jointly and severally, 
for the sufficiency of securities taken from township treasurers ; 
and in case of judgment against said treasurers and their 
securities, or on account of any default of any such treasurer, on 
which the money shall not be made for want of sufficient property 
whereon to levy execution, actions on the case may be main- 
tained against said trustees jointly or severally, and the amount 
not collected on said judgment shall be recovered with costs : 
Promded^ that if said trustees can show, satisfactorily, that the 
security taken from the treasurer as aforesaid was, at the time 
of said taking, good and sufficient, they shall not be liable as 
aforesaid. 

§ 75. The real estate of county superintendents, of township 
treasurers, and all other school officers, and of the securities 
of each of them, shall be bound for the satisfaction and payment 
of all claims and demands against said superintendents and 
treasurers and other officers, as such, from the date of issuing 



32 SCHOOL LAWS OF ILLINOIS WITH 

process against them, in actions or suits brought to recover such 
claims ordemands, until satisfaction thereof be obtained; and no 
sale or alienation of real estate by any superintendent, treasurer 
or other officer, or secarity aforesaid, shall defeat the lien created 
by this section, but all and singular such real estate held, owned 
or claimed as aforesaid, shall be hable to be sold in satisfaction 
of any judgments which may be obtained in such actions or suits. 

§ 76. Trustees of schools, or either of them, faihng or refusing 
to make returns of children in their township, according to the 
provisions of this act, or if either of them shall knowingly make a 
false return, the party so offending shall be liable to a penalty of 
not less than ten dollars nor more than one hundred dollars, to 
be recovered by action of assicmjysit, before any justice of the 
peace of the county; which penalty, when collected, shall be 
added to the township fund ; and if any county superintendent, 
director or trustee, or either of them, or other officer whose duty 
it is, shall negligently or mllfully fail or refuse to make, furnish 
or communicate the statistics and information, or shall fail to 
discharge the duties enjoined upon them, or either of them, 
at the tnne and in the manner required by the provisions of this 
act, such delinquent or party offending shall be liable to a fine of 
twenty-five dollars, to be recovered before any justice of the 
peace, on information, in the name of the people of the state of 
Illinois, and when collected shall be paid to the county superin- 
tendent of the i3roper county, for the use of schools. 

§ YT. County superintendents, trustees of schools, directors 
and township treasurers, or either of them, and any other officer 
having charge of school funds or property, shall be responsible for 
all losses sustained by any county, township or school fund, by 
reason of any failure on his or their part to perform the duties 
required of him or them by this act, or by any rule or regulation 
authorized to be made by this act; and each and every of the 
officers_ aforesaid shall be liable for any such loss sustained as 
aforesaid,^ and the amount thereof may be recovered in a civil 
action before any court having jurisdiction thereof, at the suit of 
the state of Ilhnois, for the use of the county, township or fund 
injured; and the amount, when collected, shall be paid to the 
proper officer, for the benefit of said county, township or fund 
injured. 

COSTS, TEmiKE OF OFFICERS AOT) CONTKACTS UOTDEE FORMER LAWS. 

§ Y8. No justice of the peace, probate justice, constable, clerk 
of any court or sheriff', shall charge any costs in any suit where 
any agent of any school fund, suing for the recovery of the same, 
or any interest due thereon, is plaintiff", and shall be, from any 
cause, unsuccessful in such suit. County superintendents ap- 
pointed heretofore shall continue in office until superseded, 



OFFICIAL AND JUDICIAL DECISIONS. 33 

according to the provisions of this act, and their duties, respon- 
sibilities and powers shall be governed by the provisions herein 
named. Trutees of school lands heretofore appointed, and trus- 
tees of schools heretofore elected, shall also continue to discharge 
the duties of their office until trustees of schools are elected 
under the provisions of this act. Townships heretofore incorpo- 
rated shall, without any further action or proceeding, be consid- 
ered as incorporated under the provisions of this act; and the 
trustees and other officers shall continue to discharge their duties 
till suspended by appointment or election under this law; and all 
school directors and officers heretofore appointed shall continue 
in office until superseded by the election, as provided in this act, 
and shall be governed by the provisions of the laws heretofore in 
force, unless otherwise directed by this act. Leases of school 
lands shall remain valid, and be executed according to the laws 
under which they were made. Common school lands, valued 
and offered for sale and remaining unsold, shall be sold upon 
terms prescribed by this act. All taxes levied and contracts made 
under the laws hereby repealed shall remain valid, and all rights, 
remedies, defenses and causes of action existing, or which may 
hereafter exist or arise, under or by virtue of said repealed laws, 
shall continue and remain valid, and shall be enforced, notwith- 
standing the repeal of said laws, unless canceled according to 
the provisions of this act. 

OF CITIES AISD INCOEPOEATED TOWNS. 

§ T9. This act shall not be so construed as to repeal or change, 
in any respect, any special acts in relation to schools in cities or 
incorporated towns, except that it shall be the duty of the several 
boards of education or other officers of any city or incorporated 
town, having in charge schools under the provisions of any of 
of the said special acts, or of any ordinance of any city or in- 
corporated town, on or before the second Monday of October 
preceding each regular session of the general assembly of this 
state, or annually, if required so to do by the state superinten- 
dent, to make out and render a statement of all such statistics 
and other information in regard to schools, and the enumeration 
of children or white persons, as are required to be communicated 
by township boards of trustees or directors under the provisions 
of this act, or so much thereof as may be applicable to said 
city or incorporated town, to the county superintendent of the 
county where such city or incorporated town is situated, or of the 
county in which the larger part of such city or town is situated ; 
nor shall it be lawful for the county superintendent or any other 
officer or person to pay over any portion of the common school 
fund to any local treasurer, school agent, clerk, board of education 
or other officer or person of any township, city or incorporated 



34: SCHOOL LAWS OF ILLINOIS, WITH 

town, unless a report of the number of children or white per- 
sons, and other statistics relative to schools, and a statement of 
such other information as are required of the boards of trustees 
or directors, as aforesaid, and of other school officers and teachers 
under the provisions of this act, shall have been filed at the time 
or times aforesaid, specified in this section, with the school com- 
missioner of the proper county, as aforesaid. 

§ 80. In townships in which there shall be persons of color, 
the board of trustees shall allow such persons a portion of the 
school fund equal to the amount of taxes collected for school pur- 
poses from such persons of color in their respective townships. 

COMMON SCHOOL LANDS. 

§ 81. Section number sixteen in every township granted to 
the state by the United States for the use of schools, and such 
sections and parts of sections as have been or may be granted as 
aforesaid, in heu of all or part of section number sixteen, and also 
of the lauds which have been or may be selected and granted as 
aforesaid, for the use of schools to the inhabitants of fractional 
townships in which there is no section number sixteen, or where 
such section shall not contain the proper proportion for the use 
of schools in such fractional townships, shall be held as common 
school lands ; and the provisions of this act referring to com- 
mon school lands shall be deemed to apply to the lands aforesaid, 

§ 82. All the business of such townships, so far as relates 
to common school lands, shall be transacted in that county which 
contains all or a greater portion of said lands. If any person 
shall, without being duly authorized, cut, fell, box, bore, destroy 
or carry away any tree, sapling or log, standing or being upon 
any school lands, such person shall forfeit and pay for every tree, 
sapling or log so felled, boxed, bored, destroyed or carried away, 
the sum of eight dollars ; which penalty shall be recovered, with 
costs of suit, by an action of debt or assumpsit, before any justice 
of the peace having jurisdiction of the amount claimed, or in the 
county or cfrcuit court, either in the corporate name of the 
board of trustees of the township to which the land belongs, 
or by action of qui tarn, in the name of any person who will first 
sue for the same — one-half for the use of the person suing, the. 
other half to the use of the township aforesaid. When two or 
more persons shall be concerned in the same trespass, they shall 
be jointly and ^severally hable iov the penalty herein imposed. 
Every trespasser upon common school lands shall be liable to 
indictment, and, upon conviction, fined in three times the amount 
of the injury occasioned by said trespass, and shall stand com- 
mitted as in other cases of misdemeanor. All penalties and fines 
collected under the provisions of this section shall be paid to the 
township treasurer, and be added to the principal of the town- 



OEFIOIAL AND JUDICIAL DECISIONS. 35 

ship fund. And all other fines, penalties and forfeitures imposed 
or incurred in any of the courts of record, or before any of the 
justices of the peace of this state, except fines, forfeitures and 
penalties incurred or imposed in incorporated towns or cities, for 
the violation of the by-laws or ordinances thereof, shall, when 
collected, be paid to the school superintendent of the county 
wherein such fines, forfeitures and penalties have been imposed 
or incurred, who shall give his receipt therefor ; and the same 
shall be distributed by said superintendent, annually, in the same 
manner as the common school funds of the state are distributed ; 
and it shall be the duty of the state's attorneys of the several 
judicial circuits, to enforce the collection of all fines, forfeitures, 
and penalties imposed or incurred in the courts of record in their 
several circuits, and to pay the same over to the school super- 
intendents of the counties wherein the same have been imposed 
or incurred, retaining therefrom the fees and commissions allowed 
them by law ; and it shall be the duty of the said justices of the 
peace to enforce the collection of all fines imposed by them, by 
any lawful means; and, when collected, the same shall be paid, 
by the oflicer charged with the collection thereof, to the school 
superintendent of the county in which the same was imposed. 
Clerks of said courts of record, and justices of the peace, shall 
report, under oath, to the school superintendent of their respective 
counties, by the first of March, annually, the amount of such 
fines, penalties and forfeitures im^^osed or incurred in their re- 
spective courts, and the amount of such fines forfeitures and 
penalties collected by them, giving each item separately, and the 
oflicer charged with the collection thereof; and said clerks and 
justices of the peace, for a failure to make such a report, shall be 
liable to a fine of twenty-five dollars for each offense, to be re- 
covered in a civil action at the suit of the school superintendent 
of the proper county. For a failure to pay any such fines, forfeit- 
ures or penalties, on demand, to the person who is by law 
authorized to receive the same, the officer having collected the 
same or having the same in his possession, shall forfeit and pay 
double the amount of such fine, penalty or forfeiture as aforesaid, 
to be recovered before any court having jurisdiction thereof, in 
a qui tam action, one-half to be paid to the' informer and one-half 
to the school fund of the proper county. 

SALE OF COMMON SCHOOL LANDS. 

§ 83. When the inhabitants of any township, or fractional 
township, shall desire the sale of the common school land of the 
township, or fractional township, they shall present a petition to 
the county superintendent of the county in which the school 
lands of the township, or the greater part thereof, he, for the 
sale thereof; which petition shall be signed by at least two-thirds 



3b SCHOOL LAWS OF ILLINOIS, WITH 

of tlie white male inhabit ants of the township, or fractional town- 
ship, of and over twenty-one years of age. The signing of the 
petition mnst be in the presence of two citizens of the township, 
after the true meaning thereof shall have been explained ; and 
when signed, an affidavit shall be affixed thereto by the two citi- 
zens, proving the signing in the manner aforesaid, and stating 
the number of white male inhabitants in the township, or frac- 
tional township, of and over twenty-one years of age; and said 
petition, so proved, shall be delivered to the connty superintendent 
for his action thereon : Provided, that no whole section shall be 
sold in any township containing less than two hundred inhabitants; 
and common school lands in fractional townships may be sold 
when the number of inhabitants and number of acres are in the 
ratio of two hundred to six hundred and forty, but not before. 

§ 84. "When the petition and affidavits are delivered to the 
county superintendent as aforesaid, he shall notify the trustees 
of said township thereof, and said trustees shall immediately pro- 
ceed to divide the land into tracts or lots of such form and 
quantity as will produce the largest amount of money ; and after 
making such division, a correct plat of the same shall be made, 
representing all divisions, with each lot numbered and defined, 
so that its boundaries may be forever ascertained. Said trustees 
shall then fix a value on each lot, having regard to the terms of 
sale, certify to the correctness of the plat, stating the value of 
each lot per acre, or per lot, if less than one acre, and referring 
to and describing the lot in the certificate, so as ftilly and clearly 
to distinguish and identify each lot ; which plats and certificate 
shall be delivered to the county superintendent, and shall govern 
him in advertising and selling said lands. 

§ 85. In subdividing common school lands for sale, no lot 
shall contain more than eighty acres, and the division may be 
made into town or village" lots, with roads, streets or alleys 
between them and through the same ; and all such divisions, with 
all similar divisions hereafter made, are hereby declared legal, and 
all such roads, streets and alleys, public highways. 

§ 86. The terms of selling common school lands shall be to 
the highest bidder, for cash, with the privilege to each purchaser 
of borrowing from the county superintendent the- amount of his 
bid for any period not less than one or more than five years, upon 
his paying interest and giving secm-ity, as in case of money loaned 
by township treasurer, as provided in this act. 

§ 87. The place of selling common school lands shall be at 
the court house of the county in which the lands are situated ; 
or the trustees of schools may du-ect the sale to be made on the 
premises ; and upon the reception by the county superintendent 
of the plat and certificate of valuation from the trustees, he shall 
proceed to advertise the said land for sale in lots, as divided and 
laid off by said trustees, by posting notices thereof in at least 



OFFICIAL AND JUDICIAL DECISIONS. • 37 

six public places in the county, forty days next anterior to tlie 
day of sale, describing tlie land, and stating tbe time, terms and 
place of sale ; and if any newspaper is published in said county, 
said advertisement shall be printed therein for four weeks before 
the day of sale — if none, then it shall be sold under the notice 
aforesaid. 

§ 88. Upon the day appointed, the county superintendent 
shall proceed to make sales as follows, viz: He shall begin at 
the lowest number of lots and' proceed regularly to the highest, 
till all are sold or offered. ISTo lot shall be sold for less than its 
valuation by the trustees. Sales shall be made between the hours 
often o'clock, a. m., and six o'clock, p. m., and may continue from 
day to day. The lots shall be cried separately, and each lot cried 
long enough to enable any one present to bid who desires it. 
• § 89. Ilpon closing the sales each day, the purchasers shall 
each pay or secure the payment of the purchase money, accord- 
ing to the terms of sale ; or in case of his failure to do so by ten 
o'clock the succeeding day, the lot purchased shall be again offered 
at public sale, on the same terms as before, and if the valuation or 
more shall be bid shall be stricken off; but if the valuation be 
not bid the lot shall be set down as not sold. If the sale is or is 
not made, the former purchaser shall be required to pay the dif- 
erence between his bid and the valuation of the lot ; and in case 
of his failing to make such payment the county superintendent 
may forthwith institute an action of debt or assumpsit, in his 
name, as superintendent, for the use of the inhabitants of the town- 
ship where the land lies, for the required sum ; and upon making 
proof shall be entitled to judgment, with costs of suit ; which, 
when collected, shall be added to the principal of the township 
fund. And if the amount claimed does not exceed one hundred 
dollars, the suit may be instituted before a justice of the peace ; 
but if more than that sum, then in the circuit court of any county 
wherein the party may be found. 

§ 90. All lands not sold at public sale, as herein provided for, 
shall be subject to sale at any time thereafter, at the valuation ; 
and county superintendents are authorized and required, when 
in their power, to sell all such lands at private sale, upon the 
terms at which they are offered at public sale. 

§ 91. In all cases where common school lands have been here- 
tofore valued, and have remained unsold for two years, after 
having been offered for sale, or shall hereafter remain unsold for 
that length of time, after being valued and offered for sale in con- 
formity to this act, the trustees of schools where such lands are 
situated may vacate the valuation thereof, by an order to be en- 
tered in book A, of the county superintendent, and cause a new 
valuation to be made, if, in their opinion, the interests of the 
township will be promoted thereby. They shall make said sec- 
ond valuation in the same manner as the first was made, and shall 



38 SCHOOL LAWS OF ILLINOIS, WITH 

deliver to the county superintendent a plat of such second valua- 
tion, with the order of vacation, to be entered as aforesaid ; where- 
upon said county superintendent shall proceed in selling said 
lands in all respects as if no former valuation had been made: 
Provided^ that the second valuation may be made by the trustees 
of schools, without petition, as provided in this act. 

§ 92. IJpon the completion of every sale by the piu-chaser, 
the county superintendent shall enter the same on book B, and 
shall deliver to the purchaser a certificate of purchase, stating 
therein the name and residence of the purchaser, describing the 
land and the price paid therefor; which certificate shall be evi- 
dence of the facts therein stated. 

§ 93. At the fii'st regular term of the county comi in each 
year, the county superintendent shall present to the court of his 
county — first, a statement showing the sales of school lands made 
subsequent to the first regular term of the previous year, which 
shall be a true copy of the sale book, (book B;) second, statements 
of the amount of money received, paid, loaned out and on hand, 
belonging to each township or fund under his control — the state- 
ment of each fund to be separate ; third, statements copied from 
his loan book, (book C,) showing all the facts in regard to loans 
which are required to be stated upon the loan book ; all of which 
the county court shall thereupon examine and compare with the 
vouchers ; and the said county court, or so many of them as may 
be present at the term of the court shall be liable, individually, to 
the fund injured, and to the securities of said county superinten- 
dents, in case judgments be recovered of said securities, for all 
damages occasioned by a neglect of the duties, or any of them, 
required of them by this section : Provided^ nothing herein con- 
tained shall be construed to exempt the securities of said county 
superintendent from any hability as such securities, but they shall 
still be hable to the fund injured the same as if the county super- 
intendents were not liable. 

§ 9i. The county superintendent shall, also, at the time afore- 
said, transmit to the auditor of public accounts, a full and exact 
transcript from book B, of all the sales made subsequent to each 
report. The statement required to be presented to the county 
court shall be preserved, and copied by the clerk of said court into 
a well bound book, kept for that purpose; and the hst transmitted 
to the auditor shall be filed, copied and preserved in hke manner. 

§ 95. Every purchaser of common school land shall be entitled 
to a patent from the state, conveying and assui'ing the title. Pat- 
ents shall be made out by the auditor, from returns made to him 
by the county superintendent. They shall contain a description 
of the land granted ; and shall be in the name of and signed by 
the governor, countersigned by the auditor, with the great seal of 
the state afiixed thereto by the secretary of state, and shall operate 
to vest in the purchaser a perfect title in fee simple. "When pat- 



OFFICIAL AND JUDICIAL DECISIONS. 39 

ents are executed as herein required, tlie auditor shall note on the 
list of sales, the date of each patent, in such manner as to perpetu- 
ate the evidence of its date and delivery, and thereupon transmit 
the same to the county superintendent of the proper county, to 
be by him delivered to the pantentee, his heirs or assigns, upon 
the return of the original certificate of purchase ; which certificate, 
when returned, shall be filed and preserved by the county super- 
intendent. 

§ 96. Purchasers of common school lands, and their heirs and 
assigns, may obtain duplicate copies of their certificates of pur- 
chase and of patents, upon filing affidavit with the county super- 
intendent in respect to certificates, and with the auditor in respect 
to patents, proving the loss or destruction of the originals ; and 
such copies shall have all the force and effect of the originals. 

ACTS EEPEALED. 

§ 97. An act entitled "An act to establish and maintain com- 
mon schools," approved February 12, 184:9, and an act to amend 
said act, approved February 12, 1851, and an act entitled "An act 
to increase the school fund," approved February 10, 1853, and all 
other acts and parts of acts coming in confiict with the provisions 
of this act, are hereby repealed. This act shall take effect and be 
in force from and after its passage. 

Approved February 16, 1865. 



AN ACT for the establishment and maintenance of a Normal University. 

Section 1. Be it enacted l)y the People of the State of Illinois, 
represented in the General Assembly, That C. B. Denio, of Jo 
Daviess county, Simeon "Wright, of Lee county, Daniel Wilkins, 
of McLean county, C. E. Hovey, of Peoria county, George P. 
Kex, of Pike county, Samuel W. Moulton, of Shelby county, John 
Gillespie, of Jasper county, George Bunsen, of St. Clair county, 
Wesley Sloan, of Pope county, Ninian W. Edwards of Sangamon 
county, John Eden, of Moultrie county, Flavel Mosely, of Cook 
county, William H. Wells, of Cook county, Albert R. Shannon, 
of White county, and the superintendent of public instruction, ex- 
officio, with their associates, who shall be elected as herein provi- 
ded, and their successors, are hereby created a body corporate and 
politic, to be styled " The Board of Education of the State of 
Illinois," and by that name and style shall have perpetual succes- 
sion, and have power to contract and be contracted with, to sue 
and be sued, to plead and be impleaded, to acquire hold and con- 
vey real and personal property ; to have and use a common seal, 
and to alter the same at pleasure ; . to make and establish by-laws, 
and alter or repeal the same as they shall deem necessary for the 



40 SCHOOL LAWS OF ILLINOIS, WITH 

government of tlie ITormal University hereby authorized to be es- 
tabhshed, or any of its departments, officers, students or em- 
ployees, not in conflict with the constitution and laws of this 
state, or of the United States ; and to have and exercise all powers, 
and be subject to all duties usual and incident to trustees of corpo- 
rations. 

§ 2. The superintendent of public instruction, by virtue of his 
office shall be a member and secretary of said board, and shall 
report to the legislature at its regular sessions the condition and 
expenditures of said JSTormal University, and communicate such 
further information as the said board of education or the legislature 
may direct. 

§ 3. 'No member of the board of education shall receive any 
compensation for attendance on the meetings of the board, except 
his necessary traveling expenses ; which shall be paid in the same 
manner as the instructors employed in the said JSTormal University 
shall be paid. At all the stated and other meetings of the board, 
called by the president or secretary, or any five members of the 
board, five members shall constitute a quorum, provided all shall 
have been duly notified. 

§ 4. The objects of the said ITormal University shall be to 
qualify teachers for the common schools of this State, by imparting 
instruction in the art of teaching, in all branches of study which 
pertain to a common school education, in the elements of the natu- 
ral sciences, including agricultural chemistry, animal and vegeta- 
ble physiology, in the fundamental laws of the United States and 
the state of Illinois in regard to the rights and duties of citizens^ 
and such other studies as the board of education may from time to 
time prescribe. 

§ 5. The board of education shall hold its first meeting at the 
office of the superintendent of public instruction, on the first Tues- 
day in May next, at which meeting they shall appoint an agent, 
fixing his compensation, who shall visit the cities, villages and 
other places in the state, which may be deemed eligible for the 
pm-pose, to receive donations and jDroposals for the establishment 
and maintenance of the IlTormal University. The board shall 
have power and it shall be their duty to fix the permanent loca- 
tion of said ]!!^ormal University at the place where the most favor- 
able inducements are offered for that purpose: Frovided, that 
such location shall not be difficult of access, or detrimental to the 
welfare and prosperity of said Normal University. 

§ 6. The board of education shall appoint a principal, lecturer 
on scientific subjects, instructors and instructresses, together with 
such officers as shall be required in the said ISTormal University, 
fix their respective salaries and prescribe their several duties. 
They shall also have power to remove any of them for proper 
cause, after having given ten days' notice of any charge, which 
may be duly presented and reasonable opportunity for defense. 



OFFICIAL AND JUDICIAL DECISIONS. 41 

They shall also prescribe the text books, apparatus and fiirmture 
to be used in the university, and provide the same ; and shall 
make all regulations necessary for its management. And the 
board shall have the power to recognize auxiliary institutions when 
deemed practicable: Promded^ that such auxiliary institutions 
shall not receive an appropriation from the treasury^ or the semi- 
nary or university fund. 

§ 7. Each county within the state shall be entitled to gratuit- 
ous instruction for one pupil in said Normal University; and 
each representative district shall be entitled to gratuitous instruc- 
tion for a number of pupils equal to the number of representatives 
in said district, to be chosen in the following manner : The county 
superintendent in each county shall receive and register the names 
of all applicants for admission in said Normal University, and 
shall present the same to the county court, or, in counties acting 
under township organization, to the board of supervisors, as the 
case may be ; who shall, together with the county superintendent, 
examine all applicants so presented in such a manner as the 
board of education may direct, and from the number of such 
as shall be found to possess the requisite qualifications, such 
pupils shall be selected by lot; and in representative districts 
composed of more than one county, the county superintendent 
and county judge, or the county superintendent and chairman 
of the board of supervisors, in counties acting under township 
organization, as the case may be, of the several counties composing 
such representative district, shall meet at the clerk's office of the 
county court of the oldest county, and from the ai3plicants so 
presented to the county court or board of supervisors of the 
several counties represented, and found to possess the requisite 
qualifications, shall select by lot the number of pupils to which 
said district is entitled. The board of education shall have the 
discretionary power, if any candidate does not sign and file with 
the secretary of the board a declaration that he or she will teach 
in the public schools within the state, in case that engagements 
can be secured by reasonable efforts, to require such candidate 
to provide for the payment of such fees for tuition as the board 
may prescribe. 

§ 8. The interest of the university and seminary fund, or 
such part thereof as may be found necessary, shall be and is 
hereby appropriated for the maintenance of said Normal Univer- 
sity, and shall be paid on the order of the board of education from 
the treasury of the state ; but in no case shall any part of the 
interest of said fund be applied to the pm-chase of sites, or for 
buildings for said University. 

§ 9. The board shall have power to appropriate the one 
thousand dollars received from the Messrs. Meriam, of Spring- 
field, Massachusetts, by the late superintendent, to the purchase 
of apparatus for the use of the Normal University, when estab- 



42 SCHOOL LAWS OF ILLINOIS, WITH 

lished ; and hereafter, all gifts, grants and demises wliich may 
be made to the said Normal University shall he applied in accord- 
ance with the wishes of the donors of the same. 

§ 10. The board of corporators herein named, and their 
successors, shall each of them hold their office for the term of six 
years : Provided, that at the first meeting of said board, the said 
corporators shall determine, by 'lot, so that one-third shall hold 
their office for two years, one-third for four years, and one-third 
for six years. The governor, by and with the advice and consent 
of the senate, shall fill all vacancies which shall at any time occur 
in said board, by appointment of suitable persons to fill the same. 

§ 11. At the first meeting of the board, and at each biennial 
meeting thereafter, it shall be the duty of said board to elect one 
of their number president, who shall serve until the next biennial 
meeting of the board, and until his successor is elected. 

§ 12. At each biennial meeting it shall be the duty of the 
board to appoint a treasurer, who shall not be a member of the 
board, and who shall give bond, with such security as the board 
may direct, conditioned for the faithful discharge of the duties 
his office. 

§ 13. This act shall take effect on and after its passage, and 
be published and distributed as an aj)pendix to the school law. 

Appsoyed February 18, 1857. 



AMEII^DMEISTTS. 



I shall now take up and consider, seriatim, the several sections 
of the school law which were amended or changed by the act 
passed by the 24th General Assembly, and approved February 
16, 1865. I shall endeavor to analyze and explain each amend- 
ment and to show in what manner and to what extent the rights 
and duties of school ofiicers and others are affected thereby. 

EEMAEKS ON SECTION 1, AS AlVIENDED. 

The first section of the act is so amended as to extend the term 
of office of the state superintendent of public instruction, from 
two years, to four years. The amendment takes effect from and 
after the election to be held on Tuesday after the iirst Monday of 
N^ovember, a. d. 1866. The state superintendent elected at 
that time, will hold his office for fom' years, which will thereafter 
constitute the legal official term of that officer. 

Probably no other of the recent changes in the school law, will 
meet with more general approval among thinking men, than 
this. The duties of the superintendency are difficult and compli- 
cated. They require an intimate knowledge, not only of the 
school law, but of many other state laws ; as well as of such de- 
cisions of the courts as have been, and from time to time may be, 
rendered in relation to common schools. They also require a 
thorough acquaintance with the history, progress, and workings 
of the system in past years ; the evils to be remedied or avoided, 
and the benefits to be secured. They demand a knowledge of a 
great variety of legal and official forms, and of the intricate de- 
tails connected with the collecting, arranging, and tabulating of 
educational reports and statistics. The superintendent must also 
be conversant with all the official decisions and instructions of his 
predecessors in office ; with the line of sanctioned precedents in 
matters which are not, and cannot be, specifically provided for by 



4i SCHOOL LAWS OF ILLINOIS, WITH 

law ; and with tlie general history of common school legislation 
and administration in other states. He mnst understand the 
principles of educational philosophy ; the theory and methods of 
teaching ; and the organization, classification, and management 
of schools ; so that he may be the prompt and intelligent ad- 
viser and counselor of teachers and school officers. He should 
keep himself informed of the character and merits of the princi- 
pal common school text-books of the country and of the improve- 
ments or charges made therein, in order to make safe and pru- 
dent suggestions on the subject, when applied to for information 
or advice in the premises. 

It would be easy to extend this statement of the preparation 
necessary for the proper discharge of the duties of the superin- 
tendency, but enough has been said to show that no man, with- 
out previous experience, can be more than just prepared for the 
efl3.cient discharge of the duties of his position, within the time 
formerly allotted to the official term ; and that the public inter- 
ests must necessarily suffer by such frequent changes. 

A still more important consideration is the impossibility, under 
a two years' tenm-e, of carrying out any comprehensive educa- 
tional policy. Knomng that such a policy would be liable to be 
arrested, and perhaps reversed, before its legitimate results could 
be realized, no superintendent could feel encouraged, under the 
former system, to attempt it ; while, on the other hand, the loss 
to the common school interests of the state, consequent upon the 
lack of a definite plan of administration, is too obvious for remark. 
A poor policy is better than none — an imperfect system of means 
is better than uncertain and frequent changes. 

The duties of many offices are so simple, so much a matter of 
rule and routine, that frequent changes work no detriment to the 
service — the new incumbent can readily take up the work where 
his predecessor left off, and carry it forward without material in- 
terruption. In this case it is not so. A long and studious prep- 
aration is indispensable. It is not too much to say that any super- 
intendent can accomplish double the amount of effective labor 
during a second term of two years, that' he can during the first, 
and that the work will be more than twice as well done. For 
these reasons, and others that will hereafter appear, it cannot be 
doubted that the amendment under consideration is eminently 
judicious, and one that wiR largely contribute to the future pros- 
perity of our educational system. 



OFFICIAL AND JUDICIAL DECISIOlSrS. 4:5 

EEMAEKS ON SECTION 11, AS AJVIENDED. 

Section eleven is amended by substituting the term " county 
superintendent of schools," for that of school commissioner;" and 
by extending the term of office to four years, to take effect from 
and after the election on the Tuesday next after the first Monday 
in November, 1865. The change of official designation will be 
approved for its obvious fitness and propriety. IsTo one will need 
to ask what is meant by " county superintendent of schools," 
while no one, not previously informed, could be sure of the nature 
of the office referred to by the words, "school commissioner." 
The former is definite and appropriate ; the latter, vague and 
almost unmeaning. The appellation, "commissioner," is a fa- 
miliar and general one, as "bank commissioner," "canal commis- 
sioner," etc., and the meaning of the term, when so used, is gene- 
rally understood; but nothing could be further from the truth than 
to suppose that the word had a similar import when applied to the 
highest county school officer. The new title indicates the true 
nature of the service to be performed by the officer so designated. 
He is to suj)erintend the common schools and school affairs of his 
county; all of his other duties are subordinate in importance. 
His relations to the county are similar in character and jurisdic- 
tion to those of the state superintendent to the state. It is in one 
sense a small matter by what appellation an officer is known, but 
that is no reason why the rules of taste and fitness should not be 
observed when practicable. The designation, " county superin- 
tendent of schools," has long been suggested by school commis- 
sioners and teachers, and is now happily adopted by the legisla- 
ture. 

Eights of property, and all other interests affected by the 
change of name, are guarded and protected by the following pro- 
vision : 

"The said county superintendents of schools shall be succes- 
sors to the school commissioners, as heretofore known and desig- 
nated in the act to which this act is amendatory, and all other acts 
where the term 'school commissioner' is used. And all rights of 
property, and rights and causes of action, existing or vested in 
school commissioners, for the use of the inhabitants of the county, 
or any township thereof, or any part of them, shall vest in the 
county superintendents of schools, as successors, in as full and 
complete a manner as was vested in the school commissioners." 

The section is also amended by extending the tenure of the 



46 SCHOOL LAWS OF ILLES'OIS, WITH 

office of county STipermtenclent to four yeai's, tlie same as the 
state superintendent. County superintendents elected last 'No- 
veniber will, therefore, hold their offices till Koyember, 1869. 
The arguments in favor of this extension of tenure are forcibly 
stated by my immediate predecessor in his biennial report, as fol- 
lows : "With reference to the school commissionership, three 
things ought to be provided for in the duration of the official ten- 
ure. Fii'st, sufficient time should be allowed the officer to devise, 
mature, and carry into effect his plans of administration, particu- 
larly those relating to school supervision, — ^in a word, to establish 
system, and to test by patient opei-ation its practical utility. Op- 
portunity should be given not only to devise a policy, but to es- 
tablish it, as our school system can only be secm-ed against the 
evils of capricious experiment and change by the permanency of 
its local policies. Permanency of pohcy cannot be expected, 
when an officer is subjected at very short intervals to the contin- 
gencies of succession, and when the incumbents appear and dis- 
appear as rapidly as the supernumerary characters in a play upon 
the boai'ds of a theater. Om* county superintendents can effect 
nothing in their jmisdictions worthy of theu" pains, without the 
aid of system — system necessai'Uy requires time for development, 
matmity, establishment, and time to demonstrate its efficiency by 
the production of results which follow in the course of its opera- 
tion. It is something of a personal vexation, to say nothing of 
the public injmy which follows, for an officer to be called off from 
his work just at a time when he has succeeded in perfecting Ms 
plans and adapting his agencies to some happy and useful consum- 
mation which he has set his heart upon, and leave his work to 
another, who has neither the will to approve, nor the wisdom to 
execute the plans which have been elaborated with so much 
pains. Worse than this is it, to have a useful and harmonious 
system, which has been actually put into operation, and whose 
operation promises so much of real good to the interests it was 
designed to subserve, misapprehended, misapplied and misman- 
aged, to the detriment of those great interests, by the ignorance 
or carelessness of an incompetent successor. Doubtless the short- 
ness of the official term has operated greatly to the discom'age- 
ment of systematic effort for the improvement of our educational 
interests, because plans of improvement which require time for 
matm-ity, and whose success depends upon the personal super- 



OFFICIAL AND JUDICIAL DECISIONS. 47 

vision and direction of the mind that originates them, will, either 
not be undertaken for want of time to develop and apply them, 
or they will soon be suspended or superseded by the interference 
of some unappreciative follower in office, and their whole effect 
disannulled. A policy which will encourage system in our 
county administrations — system which could have something of 
permanence and fixity associated with it, which would be secure 
from interference, innovation, supercession, would tell directly 
and powerfully upon the common school interests of the state. 
It is believed that a lengthening of the official term of our com- 
missioners would have such a tendency. 

"The second object which ought to be regarded in the appoint- 
ment of the term of office should be, to secure to the officer the 
incumbency of his place for such a term as will involve some 
high idea of official responsibility. The sense of responsibility 
in office will generally be in proportion to the duration of the of- 
ficial tenure. A too limited tenm-e of office is likely to lessen the 
sense of responsibility. The very shortness of the connection 
which identifies the man with the position seems to detract from 
the importance of the officeand tempts to neghgence and care- 
lessness. It would seem reasonable that the feeling of responsi- 
bility should be deepened as the official term is lengthened, for 
the reason that the officer stands responsibly associated with the 
results of his public acts until the expiration of his term, and in 
proportion as the period of expiration is future, will the sense of 
responsibility be sustained. From the files in my office, I could 
select two reports from county commissioners, one returned by a 
retiring officer and the other by a re-elected officer. The first 
bears unmistakable evidences of official remissness, the other 
bears as unmistakable evidences of official diligence and care. 
"With the first the sense of responsibility had ceased to operate — 
with the other it was active and sustained. The connection of 
the first with the obligations of office was about being dissolved, 
and responsibility died with the prospect. The connection of the 
other was perpetuated, and responsibility was kept alive with the 
recollection of continued accountability. This, I think is a ra- 
tional account of the difference. At all events, the sustained in- 
terest of an officer in the business entrusted to him depends great- 
ly upon the fact of his continuous and continuing accountability. 



48 SCHOOL LATVS OF ILLIN'OIS, WITH 

"The third object to be provided for in fixing the tenure of the 
office is to make the incumbent feel secure of retaining his position 
for such a length of time as will render the office in the estima- 
tion of the holder really valuable and desirable. If such provision 
is made for permanent incumbency, the office is taken possession 
of with a satisfied and contented disposition, which is highly 
favorable to efficiency and success. If such provision is not made, 
the officer accepts the position with the knowledge of its merely 
temporary tenure, and with a consequent unsettledness of mind 
which disposes him to regard his place in the light of a mere 
incident to some higher and more permanent position. He can- 
not look upon his office as aflbrding him employment and 
emolument for any considerable time to come^he cannot feel 
fixed in his station. There is a temptation, consequently, •to use 
the office as a stepping-stone to higher preferment — a mere round 
in the ladder of ambition by which the incumbent can mount to 
higher honors. He will be liable, in all such cases, to use the 
influence of his office with reference to his ulterior design. In- 
stead of addi-essing himself to the earnest and faithful discharge 
of his duties, with a single eye to the great interests committed 
to his hands, his eyes are oftener fixed upon the political chances 
occurring around him, with the hope of discovering both the 
opportunity and the means of official promotion. This tempta- 
tion to demagogism arises out of the limited tenure of the office. 
An extension of the official term to a period which would render 
the incumbency more permanent, would weaken the temptation — 
perhaps remove it altogether. Could a change be effected here, 
and the term of the school commissioner's office be extended to 
twice the length of the present term, 1 think we would witness 
many good effects following. Systematic administration would 
take the place of unmethodic and disorderly policies which now 
too often prevail — official responsibility would be heightened and 
sustained, and in consequence, the duties of the office would be 
discharged with more earnest zeal and fidelity — a feeling of 
secmity, growing out of the knowledge of fixed and permanent 
incumbency would possess the minds of our officers, and regard- 
ing theu' position as one of permanent and honorable service, and 
not as a mere temporary accommodation, they would labor con- 
tentedly at their stations, not coveting or seeking other more 
permanent offices. That these results would foUow such a change 



OFFICIAL AND JUDICIAL DECISIONS. 49 

seems reasonable, and if so, they would be quite sufficient to 
justify the innovation." 

It will be observed that these arguments apply with equal 
force — most of them with still greater force — to the tenure of the 
state superintendent. They cannot fail to convince all thinking 
men of the wisdom of the change, and experience will, I doubt 
not, still farther vindicate the same. It is proper to add that 
this extension of tenure is in accordance with th^ theory and 
practice of the older free school states, where the opinion in its 
favor is almost unanimous. 

KEMAKKS ON SECTION 15, AS AMENDED. 

■ The object of the amendment to this section is to throw further 
safeguards around the township funds, by requiring a closer 
scrutiny of the bonds of township treasurers, on the part of counyt 
superintendents. For lack of such scrutiny many townships have 
suifered heavy losses ; and there is reason to fear that many 
bonds now on file are worthless by reason of fatal defects of form, 
or failure of renewal for a term of years, and the consequent 
present insufficiency of the securities. It is true that the duty 
of passing upon the sufficiency of the township treasurer's secu- 
rities, and of approving his bond, rests by law, primarily, upon 
the board of trustees, and that the penal consequences of neglect 
faU. chiefly upon them. (§ 74.) But it is plain from the language 
of this section, as amended, that it is the intention of the legisla- 
ture to require greater vigilance than heretofore on the part of 
county superintendents, as an additional safeguard for the funds 
of the township. Hence, if a bond is " in any respect defective" 
they must "return it for correction." Their duty is not fulfilled 
by simply acting as the custodian of the bonds of township 
treasurers, and accepting, without investigation, all that are pre- 
sented, provided only that they are approved by the requisite 
number of trustees. They must closely examine every instru- 
ment, to see that it is in strict conformity with the law ; that it is 
duly renewed every two years, and, as far as practicable, that the 
securities are " good and sufficient." And until the bonds are 
purged of all defects, they must refuse to pay over the funds, or 
to deliver up the papers, etc., to the township treasurers concerned. 
"When a bond is perfected, according to law, and to the require- 
ments of the county superintendent, and not before, that officer 



50 SCHOOL LAWS OF ILLINOIS, WITH 

will " indorse his approval thereon, and file tlie same witli the 
papers of his ofiice." 

EEMAEKS ON SECTION 16, AS AMENDED. 

The basis of distribution of the state and county school fund, 
by county superintendents, remains unchanged, viz : one-third 
by territory, and two thirds by census of white children under 
twenty-one years of age. But no distribution is to be made to 
townships in which schools have not been kept according to law. 

By the amendment, county superintendents may loan the 
principal of their respective county funds, at any rate of interest, 
not less than six per cent,, nor more thp^^i ten per cent, per an- 
num, payable half-yearly, in advance, as heretofore. Loans may 
be made at ten per cent., by the county superintendent, without 
reference to or consultation with the county court or board of 
supervisors ; the object of the amendment being simply to author- 
ize loans at a less rate, when ten per cent, cannot be obtained, so 
that the funds may not lie unproductive. But loans cannot be 
made at a less rate than ten per cent., without the consent of the 
county court or board of supervisors, by whom such lower rate 
must be determined. The interest accruing from the loan of all 
county funds must be apportioned, annually, in the same manner 
as the state school fund is apportioned. 

In order to guard, in the most effectual manner, against pay- 
ing out funds to irresponsible parties, and as a check against the 
neglect of township treasurers in respect to the prompt execution 
or renewal of their bonds, it is provided by the amendment to 
this section: 

" That no part of the state, county or other school fund, shall 
be paid to any township treasurer, or other person authorized by 
said treasurer, unless said township treasurer has filed his bond 
as required by the fifty -fifth (55th) section of the act; nor, in- 
case said treasurer is reappointed by the trustees, unless he shall 
have renewed his bond, and filed the same, as aforesaid." 

County superintendents are here forbidden, in the most posi- 
tive terms, to recognize the claims of any township to a share of 
the public funds, until a good and vahd bond is on file from the 
treasurer of said township. To this rule they must conform with 
unswerving firmness, in all cases, or else become personally and 
officially liable. Before making any distribution of funds, super- 



OFFICIAL AND JUDICIAL DECISIONS. 61 

intendents should carefully examine the bonds on file, to see who 
are, and who are not, entitled to participate in such distribution. 
If any bonds are found to be defective, or not to have been 
properly renewed, the trustees and treasurer of the proper town- 
ship should be informed of the fact, and warned of the conse- 
quences of neglecting to comply with the law. And when the 
time to make the apportionment arrives, those townships only 
can be included in the distribution, whose treasurers' bonds are 
on file in proper form, and unexpired. If any township is ex- 
cluded from the distribution, the township treasurers and trustees 
will then be responsible, and not the county superintendent. 
This rule applies to all the funds in the hands of the superin- 
tendent — both to that apportioned in proportion to the number of 
acres, and to that upon the census of children. The amount that 
would have been apportioned to townships excluded by default in 
filing the necessary bonds, must not be reserved for them, to be 
paid over when they comply with the law, but must all be appor- 
tioned to the other townships — it is forfeited^ not simply 
postponed. 

This amendment determines the important principle that a 
township treasurer's bond must be renewed every two years, in 
case the same treasurer is re-appoiuted from time to time. Fail- 
ure to renew does not, of course, invalidate the bond, or release 
the securities, but it is the duty of the treasurer to renew his 
bond at the time of each biennial re-appointment, and no funds 
can be paid him by the county superintendent if he fails to do 
so. The tenure of the treasurer, and that of his official bond, are 
intended by law to be coincident, viz : two years. 

The provisions of law on this subject may be summed up as 
follows : 

1. Every township treasurer, before entering upon his duties, 
must execute a bond. 

2. If a treasurer serve two years and is re -appointed, he must 
execute a new bond. 

3. If a treasurer resign, or is removed, and a new one is ap- 
pointed, he must execute a new bond. 

4. Every bond must have at least two responsible freeholders 
as securities, which securities shall not be members of the board 
of trustees. 



52 SCHOOL LAWS OF ILLINOIS, WITH 



5. Every bond must be approved and accepted by at least two 
members of the board of trustees. 

6. The penalty of every bond must be at least twice the 
amount of the moneys, notes, mortgages and effects, in the cus- 
tody, or to be in the custody, of the township treasurer. 

Y. Every township treasurer's bond must be in the form 
prescribed by law. (See section 55.) 

A reference to the above points will enable any county super- 
intendent to determine readily and surely the character and con- 
dition of every bond on file in his oflSce, or that may be delivered 
to him, and to govern himself accordingly. 

KEMAKKS ON SECTION 17, AS AMENDED. 

One of the most important duties of county superintendents 
is the preparation of full and careful reports, showing the pro- 
gress and condition of the public schools in their respective 
counties. Upon the completeness and accuracy of the county 
reports, depend the fullness and value of the biennial report to 
the governor, and upon that report the people of this and other 
states rely for their knowledge of the condition of public educa- 
tion in Illinois; and the legislature, for the data by which to 
estimate the character of the results achieved, and the legislation 
necessary to the farther improvement and development of the 
whole system. 

I wish I could impress upon school officers the vast importance 
of well digested, consistent and thoroughly reliable statistical 
and general educational reports. It is certain that many con- 
sider the elaboration and tabulation of school reports as little 
better than useless drudgery — ^to be performed bec'ause required 
by law, but as of little practical value. And hence, it cannot be 
denied that this duty is more neglected, or more carelessly per- 
formed, than any other connected with our system. I speak in 
general terms, for there have always been some, whose reports j 
have reflected honor upon themselves and the state. 

The first requisite of a statistical report is truth. Let the facts 
appear just as they are, whether they show progress or retrogres- 
sion. It is folly to exaggerate facts in order to save the pride of 
a community, or to make actual decline appear as advancement. 
It is more than folly, because it does injustice to those whose 
l)ona fide progress is made to suffer by comparison with fictitious , 



OFFICIAL AND JUDICIAL DECISIONS. 53 

progress ; and because it misleads and deludes the public mind. 
Consistency, fullness of details, discriminating accuracy, close ob- 
servation, neatness and punctuality, are also indispensable in 
good school reports. Such reports require a great deal of time, 
and thought and patience ; but they are worth something when 
you get them. I have spoken of the necessity of school reports. 
They are absolutely essential — they are the way-marks of pro- 
gress. 1^0 system of schools, or of any thing else, can dispense 
with such periodical exhibits of its operations. 

For the reason, therefore, that complete and trustworthy school 
reports are a necessity, this section, as amended, is highly penal 
in its provisions relative to default in returning such reports ; the 
•consequence being the forfeiture of the state fund, for the year 
next succeeding that in which no report was made, and the lia- 
bility of the delinquent county superintendent to removal from 
ofSce, for such neglect of duty. These provisions are not too 
severe. There is no excuse for the non-rendition of the required 
reports, except in case of providential or other unavoidable neces- 
sity, in which case the state superintendent is authorized to 
remit the forfeiture. He will cheerfully and promptly exercise 
the discretion vested in him in such cases, whenever satisfactory 
reasons are shown for the failure, but not otherwise. Blanks of 
every description, and full instructions as to the manner of filing 
them, will, in all cases, be furnished to county superintendents, 
as heretofore, and all possible aid and assistance will be cheer- 
fully rendered whenever requested ; so that if any county should, 
unfortunately, incur the penalty named in this section, it shall 
have no right to complain. It is not anticipated that such a con- 
tingency will occur. 

For the past six years, county superintendents have been re- 
quired to report annually. That rule will be continued. It is 
better in all respects than to report only once in two years. The 
facts and statistics of each year should be collected and tabulated 
while the memory is fresh and the materials abundant and avail- 
able. If deferred for two years, the report for the first year , is 
sure to be comparatively meagre and imperfect, and the materi- 
als of both reports to be more or less confused. County reports 
will therefore continue to be due on or before the second Mon- 
day of l!Tovember annually. 



64 SCHOOL LAWS OF ILLINOIS, WITH 

KEMAEKS ON SECTION 20, AS AlVIENDED. 

It was the object in amendiDg this section, to correct the erro- 
neous ideas, so prevalent in portions of the state, in regard to 
the nature of the office of county superintendent, and the char- 
acter of the duties belonging thereto ; and, hence, the amend- 
ments consist mainly in declaring and defining the educational 
duties of the position. These amendments should be considered 
in connection with that of the eleventh section of the act, and as 
explaining why the legislature abolished the name of " school 
commissioner " and adopted that of " county superintendent of 
schools." It is safe to say that numbers of our people have had 
no proper conception of the real duties of school commission- 
ers. They have been thought of merely as the financial and 
disbursing agents of the school fund, whose duties consisted main- 
ly in selling a bit of school land occasionally, dividing a little 
school money, and appropriating the per centage of commissions 
allowed by law. It is even to be feared that some school com- 
missioners themselves have not looked much beyond these con- 
siderations. 

To dispel such utterly wrong and pernicious impressions, the 
amendment to the eleventh section declares that there shall be 
elected a county superintendent of schools , and the twentieth 
section, as amended, declares what are the great^ paramount, all 
im/portant duties devolving upon him as such. These chief duties 
are not to sell school land and apportion school moneys, but to 
visit schools • to study their methods of instruction, discipline and 
government / to instruct in the science, art and methods of teach- 
ing ^ to he the adviser and assistant of school officers and teachers; 
to proinote the formation of teachers' institutes / and to labor in 
every practicable %oay to elevate the standard of teaching y and to 
improve the condition of the common schools of his county. 

These are high educational duties and responsibilities, not 
mere business and financial details ; and it is for these great ends 
that the oflice of county superintendent of schools has been created 
— an office not surpassed by any other in the magnitude, dignity, 
importance and difficulty of the duties imposed — duties which 
absolutely demand for their proper .discharge, the ablest, best, 
and most experienced educational men that can be found — duties 
that require not only great ability and special qualifications, but 
much time, attention and thought. I rejoice that so many of the 



OFFICIAL AND JUDICIAL DECISIONS. 55 

present superintendents are of this character. I call upon the 
people of every county in the State, to see to it that these high 
interests are entrusted to no other class of men. Do not give the 
highest county school office to men who seek it only for the sake 
of the commissions accrningjrom the sale of land and the division 
of the school fund, but to those who comprehend, and are able to 
perform the infinitely more important duties pointed out in this 
section. Let no private, personal or political considerations 
prompt you to place any but the very best available man in this 
responsible position. 

As has already been said, the financial duties of a county 
superintendent, though highly important in their sphere, are 
utterly insignificant when compared with his educational duties. 
Any man of ordinary honesty, and of even less than ordinary 
business capacity, can sell a piece of lan^, or apportion a few 
hundred dollars. But no mere business man, be his talents or- 
dinary or extraordinary, can successfully meet the educational 
requirements of this and other sections of the school law. It is 
these duties which impart all real value and significance to the 
office of county superintendent. Apart from these duties, the 
office might be abolished, without material detriment to the es- 
sential interests of common schools. 

From uo other cause have the interests of common schools 
suffered so much as from the lack of close, competent, energetic 
and faithful supervision. In both of my reports to the legislature, 
I earnestly invoked its aid to provide a remedy for this great 
evil. In urging this point the following language was used : 
"The great want of our free school system is supervision. The 
need of this is felt in all its departments and agencies, from the 
highest to the lowest. The impossibility of obtaining full and 
reliable data for the statistical reports, though a serious evil, is 
the least of those which flow from the absence of systematic and 
responsible supervision. The schools themselves, and the essential 
interests of education, are the greatest sufierers. The lack of effi- 
cient subordinate supervision is fatal to every effort of the state su- 
perintendent to give unity and strength to the system, and equally 
so to the plans of commissioners for the improvement of the 
schools of their respective counties. It is vain to make recom- 
mendations or issue letters of instruction, if there are none to see 
that they are carried out. Hence the want of unity and co. 



56 SCHOOL LAWS OF ILLINOIS, WITH 

operation among the various official agencies of the system. 
Irregularities are unnoticed or wniked at ; errors in government 
and classification — vicious arrangements of studies and methods 
of teaching are suffered to exist, all of which would instantly be 
detected by the vigilant eye of an experienced visitor, and the 
proper remedy be applied. 

"Hence there should be a competent, earnest and faithful 
county superintendent in every county of the state, who should 
be required to devote his whole time to the watchful care and 
supervision of the common schools of his county ; and for these 
services he should receive a suitable compensation. Under the 
influence of such an officer in every county of the state there 
would, in a single year, be such a change for the better in the con- 
dition of the public schools, as would surprise the most sanguine 
and convince the most skeptical. Activity would succeed stag- 
nation, order arise from confusion, uniformity from diversity, 
strength and success from weakness and failure. 

" The county superintendents would be the prompt, efficient 
and reliable agents through whom the state superintendent could 
at all times communicate with the schools of the state and carry 
out his plans for their improvement ; they would be the ready 
and constant advisers of teachers, directors and township officers ; 
counseling them in their duties, relie^dng them in their perplexi- 
ties, assisting them in their records and in all the business details 
pertaining to the schools. They would be active and efficent help- 
ers in preparing for, organizing and conducting teachers' insti- 
tutes, and in bringing the people to see the necessity of thorough 
teachers and sound principles and methods of instruction. And 
when the time for the annual reports arrives, the central office 
would have prompt, complete and harmonious materials from 
which to prepare the state report, and thus the legislature and the 
people would be furnished with minute and authentic data as to 
the progress of the whole system. 

" For this work the very best and most experienced educa- 
tional men should be chosen — practical teachers, if possible. 
There is not a county in the state where the ablest and strongest 
of such men would not find scope for all his time and all his 
powers, and still leave much labor undone that ought to be per- 
formed. The idea that this work can be properly done by any 
man in connection with or in addition to any other regular pro- 



OFFICIAL AND JUDICIAL DECISIONS. 57 

fession or employment, is absurd ; tlie mere business and finan- 
cial matters connected witli the schools may be attended to by a 
person engaged in other pursuits, but to speak of this as school 
supervision would be a strange perversion of language. The fact 
that little more than this is done or attempted by some of the 
school commissioners of the state, is not their fault, but that of 
the system. There are not five counties in the state in which the 
compensation now allowed school commissioners by law, is alone 
adequate for their support ; no man therefore can take the oflice 
of school commissioner unless he has some other means of income. 

" The supervision here recommended will cost something, but 
it will amount to something. It will be an infinite gain to the 
schools and in the end be in every sense the cheapest. This is 
the testimony of every state where it has been tried, and is indeed 
self-evident ; for all know that honest and vigilant supervision is 
the life and strength of every enterprise requiring numerous and 
diversified agencies." 

I congratulate the friends of free schools that the agency so 
long needed has at length, in part at least, been provided. The 
legislature has given us county superintendents of schools, and 
has thus recognized, as never before, the true natm^e of the ofiice. 
It is for us to see that the just expectations of the' friends of this 
important change are not disappointed. 

It is obligatory upon county superintendents to visit every 
school in their respective counties, at least once in each year. 
Less than this ought not to be required ; much more is expected. 
Every school has a right to the benefit of such official visitation. 
The value of an encouraging word to a faithful teacher, or an 
approving remark to deserving pupils, or of a kindly hint or sug- 
gestion, is very great. A devoted and competent superintendent 
will always be able to draw from the storehouse of his experience 
and observation, an apt suggestion or a timely hint, some word of 
counsel or advice, which will cause his visit to be pleasantly re- 
membered and its repetition to be desired. 

The visitations of the superintendent should be conducted with 
a definite plan and aim, and the results carefully noted and pre- 
served. He should always aim at some positive practical good, 
both to himself and to the school ; hence, he must know how and 
what to observe, and how^ and what to speak. There is no 
wonder-working magic in the mere official visit of a county super- 



58 SCHOOL LAWS OF ILLIS'OIS, WITH 

intendent — he must know what he is about, and be master of the 
situation, or the comments that will follow his departure may be 
the reverse of complimentary. If a superintendent does not un- 
derstand the science, art and methods of teaching, it is needless 
to say that he cannot instruct others in them ; nor will it be long 
before both the teacher and pupils of the school visited, will find 
it out. But the visits of a superintendent of large experience, 
ample endowments, and an earnest, intelligent pm'pose, cannot 
fail to be always most welcome and most useful. 

In order to form a just opinion of the real condition of the 
school visited, the ordinary routine of the exercises should not be 
disturbed or suspended, and the visit should not be less than two 
or three hours, if practicable. The practice of arresting the usual 
p)roceedings in order to enable the visitor to witness the perform- 
ance of a few favorite scholars or classes, is all wrong — it defeats 
the whole object in view, which is to ascertain how i'h.Q daily loorh 
of the school is done, not to be amused or astonished by the 
achievements of a trained few. The superintendent calls to inspect 
the school, not to attend an exhibition. Still worse is the habit 
of suspending all business when the inspector enters, until he 
"makes some remarks," and not resuming until he retires — 
leaving both parties precisely as wise as they were before. The 
intention of the law is plain ; the superintendence contemplated 
will require careful study and preparation. Mere visitation is 
not what is wanted ; that alone is as useless as for a physician to 
merely look upon a patient, and then retire. The disease must 
be understood, and then the remedy applied. So in the edu- 
cational work ; its princples must be understood, its wants known, 
and then the proper means employed to correct existing defects. 

This section is also amended as to the manner of appeals to 
the state superintendent. "When controversies arise, the parties 
are fii-st to seek the opinion and advice of the county superin- 
tendent. If his decision is satisfactory, that ends it. If not, then 
the county superintendent forwards a written statement of the 
facts in the- case, to the state superintendent. This mode of con- 
ducting appeals is more simple than that under the old law, 
besides avoiding the contingency of cases where an agreed state- 
ment cannot be obtained, as not unfrequently happened under 
the former plan. The county superintendent, having already 
examined the case and afforded the parties a fuU hearing, is fa- 



OFFICIAL AND JUDICIAL DECISIOIsrS. 59 

miliar with all the essential points in issue, and can readily embody 
them in his statement to the state superintendent. 

But it is the intention of the law, as amended, that all matters 
of doubt, or in respect to which information or advice is needed, 
should be referred, primarily, to the county superintendent. He 
,^'shall be the official adviser and constant assistant of the school 
bfScers and teachers of his county." He stands at the head of 
the common school system for his county, and is the proper offi- 
cer to apply to on all subjects relating to the interests of the 
chools, and to the rights and duties of school officers and teachers 
n his county. It is his duty to be thoroughly acquainted with 
the law, with its official and judicial interpretations, and with the 
wh.o\Q frame work of our educational system, and thus to be quali- 
ied as the official and intelhgent adviser of all in his county who 
may need his assistance. 

This was undoubtedly contemplated in the original adjustment 
3f the several classes of school officers ; it is the shortest and most 
natural course for the parties concerned ; it relieves the central 
affice of an unnecessary burden, and smooths and simplifies the 
operations of the whole system. If the county superintendent 
should be unable to give the information, or to answer the ques- 
tions submitted to him, it is his right and duty to apply to the 
state superintendent for the necessary advice or instructions, 
which the latter is bound to furnish — promptly and fully. But 
the county superintendent was intended to be, and is, the proper 
advisory and consulting officer on all common school matters in 
Liis county, and as such he should be first applied to. In the 
great majority of cases he can furnish the desired information or 
counsel, and thus save much time and delay to the parties con- 
cerned. 

Should matters of a controversial nature be submitted to the 
fetate superintendent, he will deem it his duty to decline to con- 
sider or pass upon them until they shall have been referred to 
the county superintendent, as required by law. All such mat- 
ters will receive prompt attention when they are received through 
the regular and prescribed channel, namely, through the county 
superintendent, and not otherwise. This is not to cause the 
parties needless trouble, nor to save the state superintendent 
from labor, but to subserve the ends of truth and equity, and to 
comply with the law. The one great end sought by the prior 



60 SCHOOL LAWS OF ILLINOIS, WITH 

reference to tile county superintendent, is to furnish the state 
superintendent the means of rendering a just and impartial deci-J| 
sion, should the case come before him by appeal. 

The department will, in all cases, decline to furnish an opinion 
or decision in a case where legal proceedings have been already 
instituted, or are pending ; nor will such opinion be knowingly 
given to be used in a court of justice where the question or ques- 
tions are being tried; nor where the object is to use such decision 
in legal proceedings proposed to be instituted. Official opinions 
will be declined in such cases for two reasons : first, because the 
object of clothing the state superintendent with authority to 
determine school controversies is io ])r event litigation, not to fur- 
nish parties or their counsel with the means of gaining a suit 
after legal proceedings have commenced; and, second, because 
by the terms of the 8th section of the act, the state superintend- 
ent has nothing to do with cases which have been taken into the 
courts — his jurisdiction ceases the moment that of the courts be- 
gins. He neither has nor claims, nor wishes to have or to claim, 
any judicial authority. 

EEMAEKS ON SECTION 23, AS AMENDED. 

The amendment to this section provides for the election of one 
township trustee annually, and extends the term of office to thi-ee 
years; being the application of the same principle to the election 
and tenure of trustees, as has, for the past four years, obtained 
in respect to the election and tenure of school directors. I^o 
amendment has worked better than that which extended the term 
of office of directors from one to three years, and which obviated 
the great evil of an entire change of men and measures every 
year, by providing for the retirement of one director annually, 
leaving a majority of the board still in office. There is no reason 
to doubt that equally great advantages will follow the incorpora- 
tion into the law of the same rule in respect to township trustees. 
It will give stability and uniformity to the policy of the board, 
and avert the evils incident to an entu'e change of members every 
two years. 

The new rule took efiect at the last regular election of trustees, 
when three trustees were chosen. "Within ten (10) days after an 
election the trustees elect must meet and draw lots for their re- 
spective terms of office. The manner of drawing lots is prob- 



SCHOOL LAWS OF ILLINOIS, WITH 61 

ably familiar to all. Three cards or slips of paper, of uniform size 
land shape, are prepared, on one of which are written the words, 
i^^one year\'''' on another, " two years f and on the third, '■'■three 
\yeaTsP The writing should be clear and distinct, to avoid mis- 
jtake or disagreement. The slips of paper are then folded sepa. 
rately, and placed in a box, or hat, when each trustee elect pro- 
ceeds to draw forth on© of the cards or slips, and hands it to the 
clerk of the board, who reads aloud the words written thereon. 
The trustee who draws the card marked " one year " holds his of- 
fice for one year ; the trustee who draws the card marked " two 
years " holds his office for two years ; and the trustee who draws 
the card marked " three years " holds his office for three years. 

There are many other modes of drawing lots, which need not 
be described ; the method suggested is one of the most common 
and simple. Any mode may be adopted which will carry out 
the intention of the law, which is to determine the respective 
terms of office strictly by lot, or chance, without design or parti- 
ality. As soon as the term of each trustee is decided, the clerk 
of the board must see that the same is duly recorded in the book 
of proceedings, as evidence of the fact. 

The amendment provides that if but two of the trustees elect 
shall be present at the meeting for the drawing of lots, said two 
trustees shall proceed to draw lots, the same as if all were pres- 
ent, and that the lot not drawn shall determine and fix the term 
of office of the remaining trustee. The object of this is to avoid 
delay, and to prevent any one member elect from hindering the 
organization of the board, and defeating the intention of the law, 
by neglecting or refusing to attend the meeting. It is plain that 
the rule prescribed by the amendment is just and right, for the 
three cards or slips must be put in the box, the same as if all the 
members were present, and after two of said slips have been 
drawn the remaining one must neccessarily decide the tenure of 
the third trustee. When but two of the trustees are present at 
the drawing, as aforesaid, it will be the duty of the clerk to record 
the term of office of the absent member, after it shall have been 
determined as aforesaid, as well as the term of the two who are 
present ; and said record shall be final and conclusive. 

The respective terms of office of the trustees having been de- 
termined, one trustee will thereafter be elected annually — the 
trustees retiring in one, two and three years, respectively, accord- 



62 SCHOOL LAWS OF ILLIXOIS, WITH 

ing to tlie lot drawn by eacli one. The notice of each subsequent 
annual election of one trustee, must be in the form i^rescribecl by 
law, and should also designate, by name, the trustee whose term 
expires, and whose place is to be filled by said election, and the 
length of time for which the new trustee is to be elected. In case 
of vacancy, by removal, resignation or death, the trustee elected: 
to fill such vacancy, can onlv hold his ofiice for the imexpired 
term of the member whom he succeeds. 

EE ^fA KES ox AiIEND:yi:XT TO SECTIOX 25, 

The election of trustees having been changed from three, bi- 
ennially, to one, annually, this section is amended by substitutino- 
the latter word for the former, so that it shall conform to the facts 
in the case. This section is further amended by the very impor- 
tant proviso, that if the township trustees, or their treasurer, shaR 
fail or refuse to order the regular election of trustees, or an elec- 
tion to fill vacancies, the duty of ordering such regular or special 
election shall devolve upon the county sui3erintendent. The ob- 
ject of this provision is to put an end to the practice of suffering 
elections of trustees to go by default, thus perpetuating the same 
board from year to year, and in some cases almost from age to 
age, to the great detriment of the interests of the schools and 
school funds. Heretofore, such self-perpetuation has been both 
easy and frequent; it was only necessary for the trustees, or treas- 
urer, to let the time of election go by, without giving the required 
notice, and as no other officer was authorized to order the election 
none would be held, and the old boai-d would continue in office ano- 
ther term, when the same thing would occur again, and so on for a 
series of years. It is true that the trustees were hable to be pro- 
ceeded against and fined for failing to discharge the duties enjoined 
upon them by law, but this mode of redress was troublesome and 
rarely resorted to, and so, practically, many boards of trustees have ' 
been, literally, incuinbents at vnll. The amendment furnishes the 
needed corrective of this chronic evil and abuse. "When the time 
for the stated election of trustees arrives, and the board fail or re- 
fuse to give the required notices, (through the township treas- 
urer,) the fact should be made known to the county superinten- 
dent whose duty it will then be to order the election. And if a 
vacancy occm-s in the board, and the remaining trustees shall fail 
or refuse to order an election to fill such vacancy, it likewise be- 



OFFICIAL AND JUDICIAL DECISIONS. 63 

comes the duty of the county superintendent, upon being appris- 
ed of the fact, to order the election. 

County superintendents are urged to a prompt performance of 
the duties enjoined upon them by this amendment. They are to 
see that any neglect on the part of township officers in respect to 
j school elections, is remedied without delay. They are to cause 
it to be understood that there must be an election of trustees at 
the stated time, annually^ and not once in five, ten or twenty 
I years, and that if this matter is not attended to by the trustees, 
j it will be attended to by the county superintendent. The law 
! in relation to the election and tenure of trustees is as plain and 
as binding as any other part of the act, and must be observed 
ac'cordingly. If it had been the intention to allow trustees to or- 
der elections when they pleased, or not to order them at all un- 
less they pleased, or to continue themselves in office as long as 
they pleased, the legislature would have so enacted. But as no 
such discretion is given in the law, none can be allowed in prac- 
tice. When, through default of township officers, elections are 
ordered by county superintendents, the latter will be careful to 
see that the notices, and all other proceedings connected with 
said elections are in due form of law ; and it is of great moment 
that the poll book, and certificate of the judges, should be in 
proper form, and delivered to the county superintendent without 
delay. ^Neglect of this has caused a vast amount of difficulty. 
As the poll book, with the certificate, constitutes the legal evi- 
dence of election, the county superintendent must see, in all cases, 
that they are carefully filed and preserved. 

KEMAEKS ON SECTION 32, AS AMENDED. 

The principal amendment to this section is in respect to the 
tenure of office of the president of the board. Under the old 
law the president held his office during the period for which the 
board was elected, viz : two years ; but this is obviously impracti- 
cable under the new provisions relative to the election and ten- 
ure of trustees, because the member appointed president may be, 
and is always liable to be, the one who holds the shortest, or one- 
year term, and consequently cannot serve for two years, even if 
appointed for that period. It is obvious that no detriment to the 
interests of the board can grow out of this reduction of the term 
of the president to one year, since, if he prove an efficient and ac- 



64: SCHOOL LAWS OF ILLI370IS, WITH 

ceptable officer, lie may be re-appointed from year to year, and 
wLen liis term of service as trustee expires he may be re-elected 
and again appointed president, if desired. On the other hand, if ^ 
the member appointed president should prove incompetent or in- 
efficient, a change may be made a year sooner than was formerly] 
practicable without an act of remova]. • 

It will be observed that stated meetings must be held on the 
fii'st Mondays of April and October, and that special meetings! 
may be convened as often as the educational interests of the 
townships may require. Of all meetings of the board, whether 
stated or special, every member of the board should have due 
and timely notice, but any official business of the board may be 
legally transacted by any two members thereof. Every newl] 
elected board of trustees should organize, by the appointment oi| 
a president and clerk, without unnecessary delay, as business re- 
quiring the official signatures of those officers may, at any time, 
arise. The president and clerk should be appointed with the 
greatest care, and with sole reference to their fitness for the du- 
ties of their respective positions. The president should be a man 
of good judgment, punctual habits, and well acquainted with the 
inhabitants and business affairs of the tov^mship. In appointing 
their treasurer, the board should reflect, that to his financial abil- 
ity and integrity, all the pecuniary interests of the corporation are 
intrusted, and that no motive can therefore justify them in know- 
ingly appointing to that important position a man destitute of 
those essential qualities. Many of the losses incurred, and diffi- 
culties encountered, in the management of the business and finan- 
cial affairs of townships, are directly traceable to the lack of prop- 
er caution in the selection of township treasurer. In addition to 
his business qualification's and thorough trustworthiness of char- 
acter, he should also, if possible, be a good penman, and familiar 
with the keeping of records and other official proceedings. The 
absence of these latter qualities is always to be regretted, and es- 
pecially in a position like this, where so much depends upon ac- 
curacy and system. The records of the board are moreover a 
public record, to be always ready for public inspection ; and con- 
siderations of taste and laudable pride should prompt the trustees 
to see that their official records and papers are in competent 
hands. It must be borne in mind that the person appointed 
treasurer cannot be either a member of the board of trustees or a 



OFFICIAL AND JUDICIAL DECISIONS. 65 

school director ; slioiild tliis rule of the law be violated, such ap- 
pointment would be void, (although the official records would not 
thereby be invalidated,) and another appointment must be made 
in conformity with the provisions of the act. In the absence of 
the president or clerk, the persons filling those positions, for the 
time being, should be careful to sign all official papers and pro- 
ceedings, as president or clerk "jp/'o tempore.'''' 

For any malfeasance or misfeasance in office, the president or 
clerk should be promptly and unhesitatingly removed by the 
board, as authorized by law. It is the especial duty of the clerk 
to be regular and punctual in his attendance at every meeting of 
the board, and he should be chosen with reference to his ability 
to comply with the law in this respect. I would most earnestly 
call the attention of boards of township trustees to the necessity 
of providing good and well bound books, in which to record their 
official proceedings. Such books are to be paid for out of the 
school funds of the township, and failure to procure such as are 
suitable is therefore entirely inexcusable — to such failure innu- 
merable difficulties and misunderstandings are attributable. 

REMAKES ON SECTION 83, AS AMENDED. 

The first point to be noticed in this section, as amended, is the 
removal of the restriction imposed by former legislation, relative 
to the minimum number of school districts, and the maximum 
extent of the territory of each of such districts, within a given 
township. By an act passed February 22, 1861, and which was 
in force until the passage of this amendatory act, February 16, 
1865, it was provided that there should be at least two school 
districts in every organized township, otherwise the taxes levied 
therein for school purposes were illegal and void. It was farther 
provided in said act that no land, real estate or personal property 
could be legally taxed to build or repair a school house, or to sup- 
port a free school, unless such realty or personalty lay within 
three miles of the proposed site of the house to be built, or within 
the same distance of the house to be repaired, or of the house or 
place where the school to be supported was actually kept. 

Under the operation of that act no township could be organized 
into a single district for school purposes, or, which was practi- 
cally the same thing, no school taxes could be legally levied or 
collected in a township so organized; and in like manner all 
—6 



GQ SCHOOL LAWS OP ILLLXOIS, WITH 

townships which had previously been so organized, were obliged 
to re-organize in conformity with that act, in order to retain the 
necessary authority to levy and collect school taxes. As trustees 
are expressly authorized by this (33d) section, as amended, to lay 
oif their respective townships " into 07ie or more districts ;" and as 
the last section of the amendatory act under consideration re- 
peals "all acts and parts of acts coming in conflict with the pro- 
visions of this act," it follows that the prohibitory act of Febru- 
ary 22, 1861, is repealed and void, being in direct conflict with 
the provisions of this section, as amended. 

The way is therefore open for the formation in each township 
of school districts of such territorial extent as may be deemed 
most convenient and beneficial, without reference to the number 
of miles that the boundaries of said districts may be from the 
school house or school. The township trustees have discretion 
as to the number of districts that they will form ; it may be "one, 
or more." If it is the desire of a majority of the inhabitants, and 
in accordance with their own judgment, to have but one school 
district in the township, they may lawfully organize and consti- 
tute the entire township into a single schooh district. The prin- 
ciple applies both to the original organization of the districts of a 
township, and to subsequent charges in said districts ; that is, the 
trustees may establish but ' one district when they first establish 
any ; or they may consolidate into one district all the districts 
previously established in the township — they have the same dis- 
cretion in both cases. 

In the practical exercise of the very important authority con- 
ferred by this amendment, trustees should be cautious and pru- 
dent, carefully considering the wishes and convenience of the 
people concerned, and acting with sole reference to the best inte- 
rests of the schools of the township regarded as a whole. "While 
they should not hastily disturb existing district organizations, or 
for trivial causes, they should not hesitate to do so where it is 
clear that a better class of schools, can be established, and the 
o-eneral educational interests of the township be better promoted 
by such a course. It is probably true that in the majority of 
townships it is best that there should be, under our present school 
system, several school districts, but it is equally true that many 
instances exist in which the consolidation of all the districts of a 
township would be highly beneficial. 



OFFICIAL AND JUDICIAL DECISIONS. Q7 

Some of the very best school districts in the state have hereto- 
fore been so organized. One of the chief excellencies of such 
consolidation is, that it at once makes practicable a thorough and 
judicious system of grading, which is a fundamental condition of 
the best class of schools. It permits the establishment of a high 
school at or near the center, and of intermediate and primary 
schools at convenient points throughout the township, thus form- 
ing a complete and efficient system of schools for the township. 
Nor is it true, as is supposed by some, that the burdens of taxa- 
tion will fall unequally in the case of such large districts ; it is in 
fact simply the adoption, in such cases, of the township system 
of school districts — a system that can be proven to be immeasura- 
bly superior to any other, in all the essential elements of econ- 
omy, simplicity and vigor. It sweeps away the numberless irri- 
tations incident to the changes of district boundaries — the addi- 
tions and subtractions of territory — the alternate divisions and 
consolidations of districts. It reduces the number of corporations 
in each township, from a half score, or more, to one ; and abolishes 
a proportional amount of useless machinery and unnecessary offi- 
ces. It substitutes a uniform rate of taxation, for as many differ- 
ent rates as there are districts in the township. It requires the 
strong to help the weak, and the weak to help the strong, and so 
equalizes all burdens, and strengthens an(^ invigorates the whole. 
While the property of the sparsely settled rural districts is taxed 
to build the costly house and to support the expensive school of 
the populous center, or town, or village — the property of the latter 
is also taxed in the same ratio to meet the wants of the former. 
Each portion of the township has an interest in every other por- 
tion, and there can be no conflict of interests. The schools of the 
township are for all, open to ail, and located with sole reference 
to the convenience of all. The children attend whatever school 
is of the proper grade and most accessible. The whole school 
population of the township pass regularly forward through the 
primary, intermediate and grammar schools, on to the high 
school, and thus complete their course of common school training 
harmoniously, economically and successfully; and that, too, at 
home, under the Avatchful care of their parents and friends, a 
blessing which cannot be estimated. 

For an amendment which brings these advantages within the 
reach of every township that chooses to have them, we cannot be 



68 SCHOOL LAWS OF ILLINOIS, WITH 



too thankful. It will prove of inestimable value to all townships 
that will avail themselves of its privileges and make thorough 
trial of its benefits. The simple and comprehensive principle 
established bj this amendment, renders nnnecessary nine-tenths 
of the special acts of school incorporation passed bj everv legis-- 
lature, including many enacted by the late general assembly, 
"When boards of trustees desire to exercise the discretion conferred 
by this amendment, it will only be necessary for them to change 
the map of their township to correspond with the consolidation 
of districts, or with the organization of the whole township into 
one district, as the case may be, and file said map, so changed and 
duly certified, with the clerk of the county court. Township 
trustees cannot be too caretul to see that all changes of district 
boundaries are promptly and accurately recorded by their treas- 
urer, and reported to the county clerk. Inattention to this duty 
has caused much unnecessary annoyance and extra labor to county 
clerks, and often resulted in the loss to districts of the taxes 
necessary to carry on the schools. 

It will be observed that the language of the amendment re- 
specting the formation of school districts out of parts of two or 
more townships or fractional townships is, that the trustees of 
schools of the townships interested shall '•'•concur''' in the forma- 
tion of such districts.. Prior to this amendment trustees were 
required to "<7cz! in conjunction''' in such cases. The language of 
the amendment is much more perspicuous, and fitly expresses 
what was undoubtedly the intention of the law, even prior to the 
change. Many have supposed that districts, com^Dosed of parts 
of two or more townships, could not be legally established unless 
the trustees of the respective townships literally acted in con- 
junction, i. e. met together, and in joint session consummated the 
organization of such districts. It will now be clearly understood 
that the concurrence only of the respective boards, is required ; 
the subject may be separately considered and acted upon by each 
board concerned, at their respective places of meeting, and, if the 
proposition is agreed to, or concm-red in by each board, the re- 
quirements of the law are satisfied. The only restriction is that 
such action must be had by the respective boards at a regular ses- 
sion. 

The remaining amendments to this section relate to the forma- 
tion of new districts, and the proper apportionment of school 



OFFICIAL AJSTD JUDICIAL DECISIONS. 69 

funds and property to the respective districts concerned. Tlie 
first point to be noticed in this connection is the very important 
one, that hereafter no division of school funds or property is to be 
made unless an entire new district is organized. Heretofore such 
division was required when a portion of territory was detached 
from one district and joined to another, although no new district 
was thereby constituted. Hereafter no distribution of school 
funds or property will be required in such cases. It is believed 
that this ]3ro vision is just and proper, and it is certain that it will 
prevent much difficulty and misunderstanding. It is just and 
equitable, because, when a portion of territory is cut off from 
one district and added to another, the district receiving such ac- 
cession of territory is permanently benefited by such increase of 
its taxable property, and therefore has no just claim, in addition, 
to any share of the funds or value of the property remaining in 
the other district ; while on the other hand, the district which 
surrenders a portion of its territory, is thereby permanently de- 
prived of the benefit of the taxes formerly received from the tax- 
able property so given up, and, as a partial equivalent for the 
loss, it is right that such district should be allowed to retain the 
funds or taxes that have accrued from the territory set off. Even 
with the present amendment the advantage in such cases is largely 
and permanently on the side of the district receiving the acces- 
sion of territory, although the present rule of action is much more 
equitable than the former one. These facts must be distinctly 
borne in mind, by the districts concerned, in all future transac- 
tions of this kind. 

JSTew districts in organized townships can only be formed in 
three ways — first, by the division of one district into two or more 
districts ; second, by the formation of another district out of parts 
of two or more districts, and third, by the consolidation of two or 
more districts into one. In either of the two former cases the 
division of taxes and other funds is to be made upon the basis of 
the amount of taxes collected on the property remaining in each 
district. But the school property, such as school houses, etc., is 
to be appraised, and the value apportioned among the several 
claimants on the basis of the amount of taxable property remain- 
ing in each district after the formation of such new districts. The 
new law is very stringent in requiring a.]?ro7ivpt division of funds 
and apportionment of the value of school property. The tax 



70 SCHOOL LAWS OF ILLINOIS, W^ITH 

funds on hand are to be divided immediately, at the time the new 
district is formed ; snch division is in fact to form a part of the 
official transactions connected with the organization of the new 
district. And all taxes or other funds, due and payable at the time 
of snch new organization, but not yet received, must be divided 
without delay or default as soon as received. It is also the duty 
of the board or boards of trustees concerned, to appraise the 
school property at the time that a new district or districts are 
formed, and to apportion the appraised value thereof to the 
respective districts upon the basis required by law ; and to order 
their respective treasurers forthwith to place the several amounts, 
so apportioned, upon their books to the credit of flie proper dis- 
tricts. The appraisal and apportionment of the estimated value 
of school proj^erty should, as I have just said, always be done at 
once — at the time the new district or districts are formed. By 
the provisions of the amendment it must be done within three 
months from the formation of such new district, or it cannot law- 
fully be done at all. There is no need of protracted delay ; very 
many difficulties have resulted from deferring the adjustment of 
such accounts from year to year, and then setting up a claim to 
a distributive share of the funds and property. The records of 
this office show this to have been a prolific source of misunder- 
standing and trouble. In some instances parties have presented 
their claims more than seven years subsequent to the formation 
of the new district. Happily this class of difficulties will be 
avoided in future ; parties must prefer their claims within three 
months, or be barred by law. These new provisions are pros- 
pective, of course, and not retroactive in their operations ; but I 
cannot too earnestly urge the immediate adjustment of all out- 
standing claims of this character. 

In respect to the appraisal of school property, if the parties are 
satisfied to leave it to the board or boards of trustee& concerned, 
there can be no objection ; but, if not, it is suggested that it be 
left to a board of arbitrators, one to be selected by each of the 
districts interested, and they two to select the third. The appor- 
tionment of the appraised value is to be in proportion to the 
amount of taxable property in each district concerned, which 
amount can be readily ascertained from the books of the assessor. 
It can hardly be necessary to point out in detail the method of 
procedure in such apportionment, but a simple illustration may 



OFFICIAL AND JUDICIAL DECISIONS. '71 

not be amiss. If two districts are formed from one, and the 
amount of taxable property remaining in the districts so formed 
is $10,000 and $15,000 respectively, and the appraised value of 
ithe school house is $500, then the distributive share of the former 
is $200, and of the latter $300, and in the same manner for any 
other case. Let it be particularly noticed that as soon as the 
property is appraised and apportioned as aforesaid, it is the duty 
of the treasurer to charge the district retaining the school house 
with the amount due the other district, and to credit the latter 
with the same. If the district retaining the school house has not 
the means of paying over what is due the other district the di- 
rectors must take prompt measures to discharge their indebted- 
ness, by a tax or otherwise. Any new district, may of course,' 
waive its claim to a distributive share of the common funds and 
property, but if not, and a claim is made, it must be promptly 
granted and satisHed as prescribed by law. 

The case of the consolidation of two or more districts into one 
requires no explanation ; the new district so formed is sole owner 
of the corporate property and funds of the several districts so 
united. 

EEMAEKS ON SECTION 31, AS AMENDED. 

It will be seen that no material change has been made in this 
section. The rule of distribution of funds remains the same, viz: 
one-half in proportion to the number in each district under twen- 
ty-one years of age, and the other half in proportion to the grand 
total number of days' attendance certified in the schedules. A 
different principle of distribution would doubtless be more equit- 
able in some instances, but it is thought that no general rule 
would be upon the whole more equitable in its operation, or bet- 
ter subserve the two-fold purpose of protecting the weaker dis- 
tricts, and furnishing the necessary stimulus to a full attendance. 
The language of this section is much improved by the amend- 
ment, being more perspicuous, and omitting some sentences that 
were either superfluous or of doubtful meaning. It is not seen, 
for instance, why the townshi]3 trustees should be required, as the 
old law provided, to direct the treasurer to pay over the district 
tax money on the order of the directors of the proper districts, 
since district taxes do not come into the hands or nnder the su- 
pervision or control of the trustees in any manner whatever ; and 



72 SCHOOL LAWS OF ILLIN"OIS, WITH 

since township treasurers are expressly required by other sections 
of the act to pay out all such funds when collected, on the orders 
of the boards of directors, by whom they were respectively levied. 
The trustees are only concerned with the distribution of other 
funds, upon the basis prescribed in this section, and they are fur- 
ther requu'ed to see that each district is properly credited on the 
books of the treasurer with the amount so apportioned. When 
this is done the transaction is complete ; the directors of each dis- 
trict so credited can ch-aw on the treasurer for said amount or any 
part thereof at any time, and all such orders, when legally drawn, 
must be promptly honored by the treasurer. Further instruc- 
tions on this subject will be found in the subsequent portion of 
this work. 

EEMAEKS ON SECTION 35, AS A3IENDED. 

This section is amended in several important particulars — 

1. While the rule of transfer remains, the permits are to be 
filed with the township treasurer, instead of the teacher as here- 
tofore, and such permits are made to constitute the only conclu- 
sive evidence of consent. There is an obvious propriety in this 
change, since the township treasurer, having to pass upon the 
correctness of the schedules, is the proper repository of the official 
evidence of the regularity of transfers. The permits should be 
carefully filed and preserved by the treasurer for reference, and 
all parties concerned will take due notice that the schedules can- 
not hereafter be accepted as evidence of consent, in the absence of 
written objection, as was heretofore allowed. The obtaining of 
the necessary permits can occasion but little trouble, and they 
are essential to the protection of both districts. If the advant- 
ages of the transfer are not deemed sufficient to balance the little 
time and care necessary to comply with the requirements of the 
law, parents cannot complain if their children are excluded. The . 
teacher should, in all cases, be satisfied that a pupil from another 
district has been regularly transferred, before enrolling him as a 
member of school ; this precaution may save Mm much subsequent 
trouble. 

2. There was much ambiguity in this section prior to its 
amendment, in respect to the amount proper to be certified in 
each schedule, as due the teacher. Treasurers were instructed 
to pay the amount certified, while no rule was given by which 



OFFICIAL AND JUDICIAL DECISIONS. TS 

that amount was to be computed, leaving directors and treasm'ers 
at no small loss how to proceed in the premises, (so far at least 
as the law was concerned,) and opening the door for actual injus- 
tice and wrong, should the parties be disposed to avail themselves 
of it. All doubt upon this point is removed by the amendment, 
which declares that the amount certified in each separate sched- 
ule to be due shall be computed upon the basis of the total num- 
ber of days' attendance of all the schedules. Thus, if a school is 
com|)osed of scholars from three different districts, and the total 
days' attendance of each district is 300, 400 and 500 respectively, 
and the whole amount due the teacher is $120, then the amounts 
to be certified in the separate schedules are $30, $40 and $50 re- 
spectively. 

3. The forms to be observed in the delivery and payment of 
the schedu.les are made exceedingly plain by this amendment. 
The different districts sending to the school are either in the same 
township in which the school is taught or in different townships ; 
if they are in the same. township, the schedules, when completed, 
are delivered to the township treasurer, who pays the teacher the 
several amounts certified in said schedules to be due, crediting 
the district in which the school was taught, and charging the 
other districts with the amounts severally certified in their respec- 
tive schedules. But if pupils attend from a district of another 
township, the schedule is to be delivered to the directors of said 
district, taking their order upon the treasurer for the amount cer- 
tified to be due ; which order will be paid by the treasurer of the 
other township upon its presentation. In fact the language used 
in these amendments defines the course to be pursued with such 
clearness and precision that comment is scarcely necessary. 

4, Perhaps no portion of the old law has been more variously 
interpreted, or occasioned more perplexity than that part of the 
thirty-fifth section which related to the manner of forming union 
districts. Especial difiiculty was experienced as to the status of 
the separate boards of directors after the act of consolidation. 
All ambiguity is removed by the amendment, and the mode of 
procedure is simple, clear and explicit. Whenever the directors 
of two or more school districts are of opinion that the interests of 
their respective districts will be promoted by consolidation, it is 
only necessary that the proposition to consolidate should be ap- 
proved or concurred in by a majority of each of said boards of di- 



Ti SCHOOL LAWS OF ILLIlSrOIS, WITH 

rectors. The proposal may be considered and adopted by eacli |! 
board separately, or in joint session, as they may elect. Iso dis- 
trict can be included in the act of consolidation witboLit the con- 
sent of at least two of the directors thereof. After the measure 
is agreed to, the directors of the concnrriiig districts will meet in 
joint session and appoint the union directors. The mode of ap' 
poiutment is not stated in the law, nor is it material. It may be 
by nomination and vote, or in any other fair and equitable man- 
ner. The new directors may be taken from the members of the 
old boards, or not, as may be deemed best; but they should in 
all cases, if practicable, be taken from different parts of the union 
district, and not all from one part. "When the union directors 
are chosen and appointed, it only remains for the old directors to 
draw up and sign the of&cial instrument by which the transac- 
tion is consummated ; which may be in the following form, viz : 

"We the undersigned, school directors of district Xo. , and jSTo. , ia 

township No. , range jS'o. , in county, and state of Illinois, do 

hereby certify, that in pursuance of the authority Tested in us by the 35th sec- 
tion of the school laTV of this state, as amended .and apjjroved February 16, 
1865, we have this day united and consolidated the above named districts, and 
formed therefrom a new district, under the name and style of ' Union District 

IS'o. , township Xo. , range Xo. ,' of said county and state ; and 

we do further certify, that in accordance with the authority aforesaid, we hare 

also appointed , and , and , as the iirst board of directors 

of said 'Union District Xo. , township Xo. , range Xo. ,' and that 

said , and , and , having been severally notified of their 

said appointment, and having duly accepted the same, the separate boards of 
directors of districts Xo. and Xo. aforesaid, are hereby declared dis- 
solved. Given under our hands this day of , A. D. 186 — . 

p' n' (Directors of District 

^;?;;jxo.-, t. -, r. -. 

-r ■-[-■' I Directors of District 

^_J;;jXo.-, T._ R.-." 

Upon the delivery of the foregoing certificate, (or one of the 
same tenor,) to the township trustees of the proper township or 
townships, the transaction will be legally consummated, and the . 
union district fully and lawfully constituted. 

Immediately upon the receipt of the proceedings and certificate 
of the constituent boards of directors as aforesaid, it will be the 
duty of the township board or board of trustees, through their 
treasurer, to change the map of their townshij? or townships, in 
conformity with said proceedings, and to file the same with the 
clerk of their county court, and thereafter the district so formed 
win be known and recognized, under the name and style given to 



OFFICIAL AND JUDICIAL DECISIONS. 75 

it in said official proceedings, the same as other districts are known 
and recognized ; and said district will be entitled to all the rights 
and privileges, of every description, enjoyed by other districts. 
The directors, chosen and appointed as aforesaid, will, at their 
first meeting as such, draw lots for their respective terms of office 
for one, two and three years, and will thereafter be elected as pro- 
vided by law in the case of other directors. 

It will be observed that districts may be formed by consolida- 
tion, under the provisions of this section, at any time • whereas 
all new districts established by order of township trustees must 
be formed at some regular session of said board of trustees ; and 
it will be further observed that the formation of such districts, 
provided the forms of law are complied with, is entirely 
independent of the township trustees, the latter having no 
right or authority to interfere with, or refuse their sanction to 
the legal acts of the constituent boards of directors, in the for- 
mation of such districts ; their rights and duties in the case being 
confined to changing the map of their township, or causing the 
same to be done, and filing said new map with the county clerk. 

The provisions of this section, it will be noticed, are, in a sense, 
supplementary to those of the thirty-third section, authorizing 
changes in school districts to be made in certain cases by the 
directors instead of the trustees, thereby meeting exigencies which 
may arise, where desirable changes could not be eff"ected through 
the regular channels prescribed in section thirty-three. The di- 
rector drawing the shortest, or one-year term, will, in all cases, 
retire at the regular annual election of directors next succeeding 
the time of the formation of the union district. If, for example, 
a union board should be appointed in May of any year, the term 
of service of the member drawing for one year will expire at the 
following August election, when a new director will be elected 
for the full three years' term. 

EEMAflKS ON AMENDMENT TO SECTION 36. 

It is the intention of the addition to this section to hold town- 
ship officers to the same responsibility, in respect to the return of 
statistical reports, as is imposed upon county superintendents, 
and to secure this end it is provided that neglect or failure to 
furnish such reports, in the manner and within the time required 
by law, shall work the forfeiture of the public school fund for the 



(t) SCHOOL LAWS OF ILLINOIS, WITH 

next ensuing year. The considerations presented in the remarks, I j 
under the seventeenth section of the act are equally applicable in 
this case, and need not be repeated. The amendment, as in the 
other case, is highly penal in its provisions, but there need not be, 
and 1 trust will not be, any occasion to enforce them. It devolves 
upon county superintendents to see that the requirements of this 
amendment are complied with, and to withhold the funds in case 
of refusal, or willful neglect, on the part of township trustees and 
treasurers to discharge the plain duty required of them by law. 
The state superintendent is authorized to remit the forfeiture, as 
in the seventeenth section, upon being satisfied that the chcum- 
stances are such as to entitle the parties thereto. 

KEMAEKS ON AMENDMENT TO SECTION 39. | 

The last period of section thirty-nine, which relates to the con- 
solidation and division of districts, and to the distribution and 
adjustment of the funds and property, is stricken out, because 
the provisions of said period are incorporated into section thirty- 
three, as amended, where they properly belong, ISTo other change 
is made in this section. All of those provisions of the law which 
pertain to the formation, alteration, division and consolidation of 
school districts, (except as regards the formation of union dis- 
tricts,) are brought together by this amendment into one section, 
(33d,) instead of being dispersed through the act ; an arrange- 
ment that will greatly contribute to the convenience of reference. 

EEMAEKS ON AMENDMENT TO SECTION 42. 

The amendment to this section consists in the addition ol pro- 
visions similar to those attached to the twenty-fifth section, and 
with the same end in view, viz : to guard against the conse- 
quences of the neglect or refusal of the proper officers to take 
the necessary steps to order regular or special elections. The 
same evils, that rendered such legislation necessary in the case 
of township trustees, had existed in respect to the election of 
school directors. ^Notwithstanding the law requires the imme- 
diate filling of all vacancies in district boards, whether caused by 
resignation, removal, or expiration of term of service, it is well 
known that this, in many cases, has not been done, and that va- 
cancies have remained long unfilled, to the great detriment of the 
schools. 



OFFICIAL AOT3 JUDICIAL DECISIONS. 



17 



Under this section, prior to the amendment, notices of all sta- 
ted elections were required to be given by the directors, and of 
all special elections to fill vacancies, by the remaining director or 
directors ; hence, if they failed or refused to act in the premises, 
there was no other mode by which such elections could be legally 
ordered. Hereafter, if notices of any regular or special election 
are not given by the directors at the time required by law, the 
duty of ordering such elections will devolve first upon township 
treasurers, and upon their failure or refusal, then upon county 
superintendents. If no election for directors is held on the first 
Monday of August, the township treasurer must, within ten days, 
order such election ; and if, at the expiration of said ten days, 
such order is not issued by the township treasurer, the county 
superintendent must, within the next ten days, order such elec- 
tion. The township treasurer or county superintendent may pro- 
ceed to order district elections as provided by this amendment, 
upon the written information and request of any legal voter of 
any district in which default of holding such election has been 
made. All elections of directors must be held on some Monday. 
The directions above given, apply also to the ordering of elec- 
tions to fill vacancies, i. e. when a vacancy occurs from whatever 
cause, the remaining director or directors are required to order 
an election immediately to fill such vacancies. Upon their fail- 
ure to do so, the township treasurer must give such order within 
ten days from the occurrence of such vacancy, and upon his de- 
fault, such order must be issued by the county superintendent 
within the next ten days, as aforesaid, upon due information and 
request as before mentioned. It is believed that this important 
point is now as effectually guarded as it can be by legislation, and 
that district elections cannot hereafter go by default, nor vacan- 
cies remain long unfilled, except by the most unpardonable in- 
diflerence and neglect upon the part of the citizens of the respec- 
tive districts. 

KEMAEKS ON SECTION 44r, AS AMENDED. 

County clerks have heretofore been subjected to much unneces- 
sary labor and inconvenience, in consequence of having to deal 
with each separate board of directors of the county, instead of 
with the township treasurers only, as is provided by this amend- 
ment. It is plain that the township treasurer is the proper person 



78 SCHOOL LAWS OF ILLINOIS, WITH 

to whom sucli certificates should be delivered by directors. He 
stands at the head of the financial affairs of his township, and is J; 
the proper oflicer to whom the local district oflScers should report.ft 
He is, moreover, more accessible, and better acquainted with the 
condition and circumstances of each district, than the county 
clerk, and can more reliably correct any errors in the estimates 
and certificates of the directors. jSTot only the convenience oi 
county clerks, but that also of the directors, as well as the cer- 
tainty and reliability of the estimates and hsts of resident tax- 
payers, will be greatly promoted by the changes made in this 
section of the law. The certificates of the directors, with lists of 
resident tax-payers, must be delivered to the township treasurer 
on or before the first Monday of September ; and said certificates 
and lists, after being carefully examined, and all errors, if any, 
duly corrected, must be dehvered by the township treasurer to 
the county clerk on or before the second Monday of September. 
School directors must be punctual to the time fixed by law, if 
they expect their estimates to be received. The township trea- 
surer may reject any returns made to him after the first Monday 
of September, just as the county clerk must decline to receive any 
estimates delivered to him after the second Monday in Septem- 
ber. The amendment allows each township treasurer one week 
in which to examine, compare and correct the returns made to 
him, and deliver the same to the county clerk. 

This time is sufiicient, if directors are punctual. The township 
treasurer must not be expected to incur the risk of faihng to make 
timely returns to the county clerk by waiting beyond the time 
fixed by law, for the accommodation of tardy or careless directors. 
They must see to it that no district loses the benefit of its annual 
special tax through any fault or remissness on their part. In 
order that county clerks may be furnished with the latest rehable 
data upon which to extend district taxes, the amendment further 
provides that whenever changes shall have been made in the 
boundaries of districts subsequent to the last preceding annual 
levy and extension of such taxes, it shall be the duty of township 
treasurers to prepare and return to the county clerk, with the 
certificates and lists aforesaid, new maps of their townships, de- 
fining and showing such changes of district boundaries. This is 
a matter of great importance, for county clerks are governed by 
the last ofiicial township maps on file in their respective ofiices, 



OEIFCIAL AND JUDICIAL DECISIONS. 79 

and cannot be expected to take cognizance of changes wliicli have 
never been reported to them. 

Township treasurers are enjoined to a careful compliance with 
the provision requiring lists of resident tax-payers to be alphahet- 
ically arranged. This can easily be effected on their part, and 
is of the utmost convenience to county clerks, whose duties, in 
connexion with district taxes, are very onerous, and every prac- 
ticable facility should be afforded them in the discharge of their 
duties, by district and township officers. It is believed that the 
amendments to this section will prove among the most acceptable 
and salutary of any embraced in the amendatory act. 

REMARKS ON SECTION 47, AS AMENDED. 

This section is amended in three particulars — 

1. The first three periods of the section, as it formerly stood, 
are stricken out, said periods, (which relate exclusively to the 
mode of proceeding with certificates of taxation and lists of tax- 
payers in the case of districts lying partly in two or more coun- 
ties,) having been transferred to, and incorporated with the forty- 
fourth section of the act, as amended, where they more properly 
belong. 

2. By the amendment the sum that may be borrowed in any 
one year by the directors, upon a vote of the people, for purposes 
specified in this section, is increased from three per cent, to five 
per cent, of the taxable property of the district. 

3. In like manner the amount of tax that may be levied in 
any one year for said purposes is increased from two per cent. 
to three per cent, of said taxable property. It is presumed that 
the exigency will rarely arise when it will be deemed expedient 
to borrow and levy respectively in any one year the maximum 
amounts authorized by the amendment; but, as circumstances 
may occur when it will be desirable to do so, the legislature has 
wisely conferred the necessary authority. The check is that 

\ neither the amount specified in this section, nor any sum at all, 
j can be either borrowed or levied witliont a vote of the people 
I first obtained. Experience shows that interests of this nature may 
be safely left with the tax-payers, at least so far as any danger of 
inordinately large levies are concerned; the difiiculty, if any, usu- 
ally lying in the opposite direction. The people, as a rule, are 
prudent and conservative, and little disposed to indiscreet or ex- 



80 SCHOOL LAWS OF ILLINOIS, WITH 

travagant expenditures. On tlie other hand, it would seem to be 
in strict accordance with the theory and spirit of our institutions 
and laws, and of the principle of self-government, that where a 
community choses voluntarily to make -sacrifices for their children, 
and for the pubhc good, and, of their free will to impose upon 
themselves burdens of taxation, even though excessive, they 
should not be restricted in their right to do so. 

It will be observed that money may be borrowed, and taxes 
levied for the purposes, and upon the conditions and rates pre- 
scribed in this section, in the same year^ in order that provision 
for payment may be made at the same time that the loan is ef- 
fected. Should the highest rates be borrowed and levied in any 
one year, and a like rate of taxation be continued the next year, 
both principal and interest could be more than canceled and paid 
in two years. But while it may not unfrequently be expedient to 
horrow the maximum rate in a given year, it will very rarely be 
necessary or advisable to impose the maximum rate of taxation 
in any one year ; a light tax, one that shall be sufficient to meet 
the interest accruing on the sum borrowed, and gradually reduce 
the principal, is generally to be recommended. ISTotices of meet- 
ings to consider a vote upon questions arising under the provis- 
ions of this section must be given as provided by the act in the 
case of other district elections ; the cpestion or questions to be 
decided being distinctly stated in said notices, and a majority of 
the votes cast at such election being necessary to authorize the 
directors to act. 

REMARKS ox SECTION 48, AS AMENDED. 

The most important amendment made to this section is that 
which fixes the minimum age at which children may be admitted 
into the public schools, at six instead of five years as heretofore. 
Such an amendment has long been desired, and will be hailed 
with profound satisfaction by every intelligent friend of common 
schools. 

The consequences of admitting children of the tender age of 
five years into the crowded public school rooms of the state, have 
been regarded with sorrow and alarm. The records of this office 
show that not less than fifty thousand of these little ones have been 
annually subjected to the inevitable evils incident to their atten- 
dance upon the public schools. In my first report to the legisla- 



OFFICIAL AND JUDICIAL DECISIOjSTS. 81 

ture, I briefly, but earnestly adverted to the subject, and invoked 
for it the kindly interposition of the law-making power of the 
state. Some will doubtless regard this change as unnecessary, or 
even as wrong and unjustly restrictive of the rights of parents, 
but it would be easy to show by incontrovertible facts that the 
evils connected with the admission of such young children far 
outweigh the advantages. If right ideas of the laws of health and 
growth, both of body and mind, were generally prevalent a^jiong 
teachers and school officers ; if those laws were strictly observed 
in selecting the subjects and methods of study; in prescribing 
the number of school houses and settling the length and frequen- 
cy of recesses, and in the arrangement of the seats, desks and other 
fixtures of the school room — the reasons for increasing the mini- 
mum age of eligibility would lose much of their force. But 
these favorable conditions are, to a great extent, wanting. Right 
views on these vital points are the exception — wrong opinions 
|and practices are the rule. No distinction is generally made in 
school regulations between the oldest and the youngest pupils. 
The bodies and brain powers of the youngest and smallest are 
brought under the same restraints and pressure that are imposed 
upon the oldest and largest. No man can estimate the evils 
which follow in the train of so monstrous a disregard of the fun- 
damental laws of our mental and physical being, and of the dis- 
tinctions which should characterize each progressive stage of de- 
Ivelopment. The amount of book kno^\'ledge gained in a year, 
in a large mixed public school, by an infant five years old, is of 
necessity very small; while inroads upon health, the stifling of 
natural impulses, languishing, weariness and ultimate disgust with 
school and school duties, are the sad price that is paid for it. I 
repeat that no intelligent man can examine this subject, in the 
light of reason and of facts, without the deepest solicitude. 

Hereafter no pupil under the age ot six years should be receiv- 
ed into the public schools. The beneflts of this change will be by 
no means confined to the little ones whom it debars from the 
schools ; the remaining puj)ils and teachers will also gain im- 
measurably by the change — the former in receiving a larger share 
of attention, and the latter in. being relieved from nursery duties, 
and thereby having more time to devote to educational duties. 
There is the double advantage of having fewer to instruct, and 

■ —7 



82 SCHOOL LAWS OF ILLINOIS, WITH 

those of an age better fitted to receive and be benefited by the 
instruction given. 

The next important changes are embodied in the italicised words 
. of the following clauses of the section : 

" They shall estabhsh and keep in operation for at least six 
months in each year, and longer if ])mcticable, a suflicient num- 
ber of free schools for the i^rojyer accommodation^ etc." 

These changes are important, as showing the intention of the 
law in respect^o the duration of schools, and the conveniences to 
to be provided. It is a common supposition that the spirit as well 
as the letter of the law is satisfied with six months' school. This 
is an error. The term of six months is to be regarded only as 
the minimum, as the least duration that will satisfy the require- , 
ments of the law. The whole spirit of the act is to encourage the 
extension of the terms of schools to a longer period, whenever the 
circumstances of a district will permit it to be done. In short, | 
while every district must have a free school for at least six months, • 
it may have, and it is the design of the law to encourage it to ,. 
have, as great an extension as practicable beyond that term. It is , 
hoped that the time is not distant when the average duration of;, 
school terms will not be less than eight or nine months in eachj 

year. • 

But the intention of the law in respect to the number and . 
character of school houses, and theii- furniture and other fixtures, ; 
is also clearly shown by the above clause of the amendment, j 
Arrangements must be made for the :pro2yer accommodation of; 
all the school children of the district. It is as much the duty, 
of school directors to provide suitaUe school houses and enough^ 
of them, as it is to provide any school houses at all. They are 
not to presume that it is immaterial whether their school houses. 
are properly furnished and equipped or not, provided only that, 
the children of the district can in some manner ^ be packed or, 
stowed away in them. They are under solemn, legal and moral 
obligation to consult the health, comfort and convenience of the 
children, as well as their bare necessities, in all their school 
arrangements. They have no right to crowd fifty children inta; 
a house only large enough for thirty, they have no right to out-: 
rage the laws of health in the construction and arrangement of 
seats, desks and other fixtures. The district school houses of the 
state'shouldbe among the most pleasant and attractive buildings 



OFFICIAL AND JUDICIAL DECISIONS. 83 

in the communitj, adapted, in all respects, to the noble ends con- 
templated in their construction. If one school house is not suf- 
ficient for the " proper accommodation " of all the children of the 
district, or is not sufficiently accessible to all, the directors must 
build another, and yet another if necessary ; and when a school 
house ceases to be suitable, or becomes too small, they must en- 
large and improre said house, or dispose of the same and erect 
another that shall conform to and fulfill the conditions prescribed' 
by the act. 

Directors are also authorized by law to adopt and enforce all 
necessary rules and regulations for the management and govern- 
ment of the schools. The authority here conferred embraces 
whatever measures are necessary to secure regularity and punc- 
tuality of attendance, propriety and decorum of conduct in and 
about school buildings, prompt obedience to every lawful require- 
iment of the teacher, and whatever else they may deem essential 
to the maintenance of discipline and good order, and to the suc- 
cessful prosecution of study. The right of directors to make all 
such necessary rules and regulations, and to enforce compliance 
therewith, by suitable penalties, is clear and unquestionable. It 
is inherent in, and inseparable from their legal and official rela- 
tion to the schools, and since the adoption and enforcement of 
salutary regulations is indispensable to the welfare and efficiency 
of the schools, it is not only their right, but their duty to make 
and enforce them ; and, in the exercise of this right and the per- 
formance of this duty, they cannot be interfered with or restricted, 
lexcept for manifest abuse of powers granted by the act, or un- 
warrantable assumption of authority not conferred. 

Directors are also required to visit and inspect the schools of 
cheir district as often a practicable. This duty is too much neg- 
tected, and many evils and misunderstandings result from such 
neglect. Unfounded complaints against the teachers, originating 
n malice, prejudice or idle rumors, could often be corrected at 
once if directors would visit the schools and see for themselves 
aow they are governed and conducted. It is only by frequent 
dsitation that directors can keep themselves informed of the 
condition and wants of the schools, and allay misunderstandings 
and asperities as they arise. The occasional visit of the legal 
guardians of the schools is also a much needed and salutary en- 
couragement to both teachers and scholars. It creates and main- 



S4: SCHOOL LAW3 OF ILLINOIS, WITH 

tains that mutual sympatliy and confidence between teacher and 
directors, which are so essential to success. 

Directors are also authorized to direct what branches of study 
shall be taught, what text-books shall be used, and to suspend or 
expel pupils^ for disobedient, refractory or incorrigibly bad^ con- 
duct. Uniformity of text-books, in the schools of a district, is ab- 
solutely indispensable. Different books in the same branch of 
study should in no case be allowed. Such diversity renders clas- 
sification impossible ; and without classification there can be no: 
successful teaching. In selecting text-books, directors will, of 
course, avail themselves of, and be largely governed by, the su- 
perior judgment and experience of the teacher. But uniformity, 
must be insisted upon, and, when the best practicable selections ^ 
are made, they should not be changed for light reasons. Frequent 
change of text-books is a serious expense and a source of much 
annoyance and irritation to parents, and should be avoided. An 
inferior text-book in the hands of a good teacher, is better than 
the most excellent in the hands of a poor one. Corroborative of 
the views already expressed relative to the disciplinary powers 
vested in directors, is the clause conferring upon them the right 
to suspend or expel pupils for disobedient or refractory conduct ; 
a right which they should not of course resort to except in ag- 
S'ravated cases ; but the exercise of which may become a clear duty; 
from which they must not shrink. For the peace and harmony 
of an entire school cannot be permitted to be disturbed, nor its 
purity to be contaminated, by the incorrigible conduct or bad ex.; 
ample of a single scholar. 

The only remaining amendment to tliis section which it is 
necessary to notice, is that which authorizes the directors to select 
and locate school house sites, in case the voters of the district fail 
to agree. It is presumed that they will rarely be called upon to 
exercise the discretion thus conferred, but exigencies have arisen, 
and will undoubtedly continue to arise, when the exercise of the 
authority here conferred vfill be in the highest degree beneficia 
to the interests of the district ; and the wisdom of the legislature 
in providing for such contingencies cannot therefore be doubted 

EEMAEKS ON SECTION 50, AS AMENDED. 

I shall consider the provisions of this section, as amended 
under the following heads : 



OFFICIAL AND JUDICIAL DECISIONS. 85 

1. Examination of Teachers. Perhaps the most difficult and 
responsible duty devolved by law upon county superintendents, 
is that of determining who shall be the teachers of our common 
Ischools. The county superintendent stands at the gateway of 
every public school in his county, and d.ecides who shall, and 
iwho shall not, enter. Upon the manner in which he scrutinizes 
the moral and iutellectual credentials of the applicant, depends 
the character of the school of which he is to become the teacher, 
i Certificates are to be granted to those only who, upon due exam- 
\ination, are found to possess the qualifications required by the 
jact. The superintendent may, indeed, delegate to others the 
examination of teachers, but he cannot delegate or alienate the 
ju&t accountability to which the law holds hi7n for the manner in 
I which the duty is performed. Whether the examination is in 
' person, or by proxy, the responsibility of licensing none to teach 
but such as possess the character and attainments prescribed by 
law, rests upon and abides with the county superintendent. He 
can in no way delegate or shake off that responsibility — it follows 
him, and attaches to him, irrevocably, and holds him sternly 
accountable for the consequences of his action. If he ai)points 
examiners, he must know that they are competent and faithful ; 
if he conducts the examination personally, he must be patient 
and thorough ; in either case, and under all circumstances, he 
should realize that he will be arraigned at the bar of the law, of 
public opinion, and of conscience, for willful neglect of duty. 
Every certificate issued to one who is unworthy, either mentally 
or morally, to receive it, is not only a violation of law, but is a 
direct blow at the heart of our common schools. Such a certifi- 
cate is an official license, not to elevate and bless, but to injure 
and degrade, and it may be to contaminate and curse the schools 
and the community. Good schools cannot be taught by incom- 
petent teachers ; the moral atmosphere of the schools cannot be 
kept pm^e by profane or irreverent teachers. If an " un devout 
astronomer is mad," an atheistic and immoral instructor of youth 
is a monster. It is by no means a self-evident truth that poor 
schools are better than none ; they may be so poor as to be a 
great deal worse than none. It is truly lamentable that the num- 
ber of thoroughly qualified teachers is so small ; and yet the 
supply of such is not so much less than the demand, as many 
seem to suppose. Teachers of at least fair abilities are usuall}' 



86 SCHOOL LAWS OF ILLINOIS, WITH 

to be had, if called for, and a reasonable compensation is offered. 
Tlie saddest fact is that such teachers are in so little deinund. 
County superintendents can do much to correct this state of 
things, and I call upon them to do so, by insisting, to every 
reasonable and practicable extent, upon the full measm-e of abili- 
ty demanded by the law. They should strive to convince school 
officers and parents how difficult it is to eradicate wrong habits 
of study, carelessness and inattention, false ideas of facts and 
principles, from the tenacious and imitative minds of children, 
when once implanted by sciolists and smatterers and pretenders : 
in the great art of teaching ; and that it is far better to wait till ! 
a good and safe teacher can be procured, though at a greater cost, 
than to accept the services of any other, at any price. Kot more 
difficult is it to bring back the gnarled and distorted oak to sym- 
metry and beauty again, than to remedy the effects of a false and ! 
distorted early culture. By all the interests of the present gen- 
eration and the hopes of the future ; by the priceless value of a \ 
true education, and the hopeless mischief of a false one, let! 
county superintendents see to it that they prove not recreant to 
the high trust reposed in them in the examination of teachers. 
Let none of doubtful competency be appointed examiners. Prac- 
tical teachers, or other experienced educational men, should be 
chosen for that duty if the superintendent is unable to attend 
to all himself ; and the extent and thoroughness of the examina- 
tion should not be left to chance or caprice, but should be de- 
termined beforehand, and a definite system of marking and just 
standard of excellence should be agreed upon, so that the records 
of the examination may enable the superintendent to decide upon 
the merits of the candidate before granting the certificate. A 
part of the examination should also be written^ in^ which case an 
inspection of that portion of the candid:ite's work will greatly 
assist the county superintendent in forming a correct judgment 
of the mental habits and proficiency of the candidate. 

In an experience of four years as county superintendent, I 
found it best to combine the two methods of examination, oral 
and written. Each has its advantages ; methods of teaching, 
skill in expedients, aptness in illustration, etc., can be best brought 
out by the oral method ; while habits of thinking and modes of, 
reasoning, proofs of disci]3line and accuracy, acquaintance with; 
principles, and general availability of knowledge, etc., are best 



OFFICIAL AND JUDICIAL DECISIONS. SY 

shown by tlie written method. As a general rule, the poorer the 
attainments of the applicant, the longer it will take to examine 
him, and vice versa. The reason of this is obvious ; there ^re, as 
is well known to qualified examiners, certain comprehensive 
questions that may be framed in relation to each of the branches 
mentioned in the law, upon the manner of answering which, the 
kind and degree of the candidate's proficiency may be very cor- 
rectly determined. If these are answered in a prompt, methodi- 
cal, and scholarly manner, such answers necessarily imply a 
thoroughness of training, and a mastery of principles, that jus- 
tify a comparatively brief examination of details. But if test 
questions of this character are not so answered, a protracted ex- 
amination upon minor points is usually necessary ; for it is by no 
means safe or just to conclude that a certificate is to be refused 
because the applicant is not versed in the laws of generalization, 
or in the nicer processes of scientific analysis, transcendently 
important as the latter are. A ];erson may be found worthy of 
licensure, upon a fair estimate of average ability in the details 
of each branch, in connection with good teaching powers, sense 
and tact, personal and social qualities, etc., who would fail if tried 
by other and severer tests. The aim of the superintendent 
should be to do justice alike to every candidate, to the law, and 
to himself. 

I would earnestly impress upon county superintendents a 
sense of the vital importance, and of the delicacy and difiiculty of 
their duties in connection with the examination of teachers. This 
duty must not be done hurriedly and superficially, but patiently, 
fairly and searchingly. It requires time ; it cannot be done in a 
few minutes, rarely in less than several hours. But be the time 
required in any given case, more or less, take all the time that is 
necessary to a faithful and thorough performance of the work. It 
is in this way only that justice can be done to all, the intention 
of the law fulfilled, and the grade of qualifications be improved. 
Let examinations be so conducted that the ignorant and conceited 
shall have a wholesome dread of them ; while the modest and 
deserving, on the other hand, shall be assured that no injustice 
will be done them. 

It is the positive duty of the superintendent to know that none 
but the qualified receive certificates. The fact that a teacher 
already has one, or ten certificates, from other county superin- 



8S SCHOOL LAWS OF ILLINOIS, WITH 

tendents, does not constitute such knowledge, by any means. 
True, it should, but it does not ; it is presumptive only, not con- 
clusive. The qualifications of not a few teachers have proved, 
u.pon thorough examination, to be in inverse ratio to the number 
of former certificates held by them. A familiar maxim of the 
law must be reversed in the case of candidates for licenses to 
teach — they are to be presumed incompetent, until the contrary 
is proved. ■ In the light of these considerations it will not be 
necessary to characterize the practice, should such exist, of grant- 
ing certificates, by letter, to parties wholly unknown to the 
county superintendent, upon the mere request or recommenda- 
tion of third parties, equally unknown to him. To say that such 
conduct is wrong — all wrong — is no name for it. JSTor is it to 
be understood that certificates may be so granted when both par- 
ties, the applicant and the person recommending him, are well 
and favorably known to the county superintendent ; in no such 
way can the letter or spirit of the law be fulfilled, which requires 
that certificates shall only be issued to such teachers as shall, 
^'■U2?on due examinoMon by himself or a .board o± examiners by 
him appointed, be found to possess the necessary qualifications." 
To grant certificates by letter, without seeing the candidate, is 
not only to decide in favor of the aj)plicant without ^'•due exam- 
ination," but without any examination at all — such certificates 
are issued not to persons ^'■found to possess," but to those who 
are unwarrantably presumed to possess the necessary qualifica- 
cations. It substitutes unauthorized presumption for the definite 
and positive personal knowledge requu'ed by law. A teacher's 
certificate is not an unmeaning form, but an authoritative declara- 
tion by the county superintendent, that the holder is worthy of 
the confidence of school directors, parents, and the public. It is, 
in many instances, the only jDrotection or safeguard of employers 
and the public against imposition, and hence the reputation of 
the superintendent, and the pubhc welfare, are ahke concerned 
in seeing that the manner and circumstances of the issue are 
above suspicion. 

2. Grades of CertifiGates. By the amendments to this section 
the grades of certificates authorized to be issued by county super- 
intendents, are reduced from three to two; each being vahd in 
any district of the county for the terms of one or two years, re- 
spectively. The thh'd grade, good for six months, in a given 



OFFICIAL AND JUDICIAL DECISIONS. 89 

district only, is abolished. The purpose for which that grade was 
originally established having been subserved, it is meet and pro- 
per that it should now be dispensed with. It was resorted to at 
first with reluctance, and with misgivings as to its expediency. 
It was created to meet a state of things which it was hoped would 
not long continue, and was never designed to be permanent. 
Whatever differences of opinion may have existed among enlight- 
ened educators as to the good or ill effect of the third grade here- 
tofore, the sentiment in favor of the change in the law by which 
it is now discarded is, so far as I am informed, entirely unani- 
mous. It cannot be denied that, notwithstanding the end sought 
by the legislature, in allowing the six months' certificate, was 
•good, its practical effect in many instances has been very detri- 
mental. It seems to have been regarded by many county super- 
intendents as a convenient asylum provided by law for the bene- 
fit of disappointed ajDplicants for higher honors ; to soothe their 
feelings and mitigate the chagrin of a total failure; and hence 
scores of men and women have found refuge in the third grade 
certificate, who should have been summarily rejected, and who, 
but for such a dernier resort, would have been rejected, to the 
great gain of the schools, of which, by a mistaken clemency, they 
were permitted to become the teachers. "Whatever influence the 
prospective gain or loss of the fee for a certificate may have exer- 
cised in such cases, is now happily removed by the wiser provi- 
sions of the act as amended — the compensation of the superinten- 
dent for the time spent in the examination of teachers being not 
only enhanced, but being entirely independent of the success or 
failure of the applicant. From whatever point the change is re- 
garded, it is believed that its effect upon the schools, and upon 
the standard of qualifications of teachers, will be salutary. 

There can be no doubt at all that the district schools of the 
state can be supplied with teachers possessing the qualifications 
demanded by the law as revised ; and if in rare cases it should 
seem otherwise, it will still be far better to meet such special exi- 
gencies by granting a second grade certificate under a liberal 
construction of the law, than to continue the existence of a pro- 
vision that operates as a perpetual invitation to incompetency. As 
before remarked, the true difficulty is not so much that teachers 
capable of sustaining the examination now required by law are 
not to be obtained, as that, through mistaken ideas of economy, 



90 ■■■ SCHOOL LAWS OF ILLINOIS, "WITH 

and erronoiis views of the nature of education, and of tlie quali- 
fications essential in a good teacher, school directors are disposed 
to be satisfied with cheap teachers and low attainments; not reali- 
zing that poor teachers and schools are in fact in the long run in- 
evitably the most costly, because the true work of education can- 
not be performed -by such teachers and in such schools, and must 
therefore sooner or later be done over again, if it is ever effectu- 
ally done at all. "While, therefore, these mistaken views and 
tendencies exist, and the law itself opens the door for the accom- 
modation of school directors who entertain them by providing for 
licensure of those not properly c[ualified, it is obvious that the ef- 
fect must be to exclude from the schools teachers of a higher 
grade of attainments. It is well, therefore, that the law itself 
should interpose to check this downward tendency, and necessi- 
tate the employment of a better order of teachers by hmiting the 
grades, raising the standard, and thereby excluding the notorious- 
ly incompetent. In a word, recognizing the fact that so long as 
poor and cheap teachers can lawfully be employed, such teachers 
will continue to be in demand, the amendment strikes at the root 
of the evil, by declaring, so far as legislation can, that hereafter 
the competent and qualified only shall be admitted to license ; 
thus anticipating the slow growth of public sentiment in some 
quarters, and forcing a demand for an order of teachers which 
might not otherwise have existed for years. It remains for coun- 
ty superintendents to secure, by their faithfulness and fii-mness, 
the good points which this reduction of grades is intended to 
promote. 

Since the difi'erent grades of teachers' certificates must be based, 
not upon an examination in different branches of study, but upon 
diflerent degrees of excellence in the same branches, it becomes 
a task of no little difficulty to indicate with any degree of minute- 
ness or accm^acy the extent and character of the examination that 
should be required for each of the several grades. It must be 
left mainly to the wisdom and judgment of the superintendents. 
But it is very desirable to have the greatest practicable uniformi- 
ty in the standard of award for each grade, and to this end the 
following general outline of principles is respectfully suggested, 
for the guidance of superintendents and examiners : 

First Grade. — The candidate for this grade should be able to 
sustain a thorough and critical examination upon all the subjects 



OFFICIAL AND JUDICIAL DECISIOITS. 91, 

named in the act. They are but few. It would seem that less 
could not be required of a person who aspires to a first-grade cer- 
tificate than a thorough acquaintance with these few. But this 
thoroughness is shown, not alone, nor indeerl principally, by mere 
technical knowledge. It should be the aim to make the examina- 
tion philosophical — so to frame the questions as to elicit the appli- 
cant's knowledge of governing principles, rather than unimport- 
ant details ; to test his acquaintance with the general truths, the 
broad outlines of a subject, rather than isolated facts and barren 
statistics. Thus, in geography, for example: the relation of the 
earth to the solar system ; the causes of day and night and of the 
seasons ; the elements of mathematical and physical geography, 
such as the direction of the principal mountain ranges, the water 
courses, the drainage and contour of continents, the oceanic cur- 
rents, etc.; a clear and general view of the geography of the 
whole world, and an accurate knowledge of that of the United 
States, should be deemed of more importance than the popula- 
tion of some obscure town in South Ameaica, or the length of a 
tenth-class river in Africa. In history : a clear and intelligent 
statement of the causes which led to the war of 1812, should be 
infinitely more satisfactory than the precise number of killed and 
wounded at the battle of New Orleans. In arithmetic : a lucid 
explanation of the principles of decimals, or a ready and accurate 
analysis and demonstration of the rules for taking the second and 
third roots of numbers, would establish a claim to scholarship in 
that science, which the failure to answer some mere technical 
question or a chance error in the performance of a given example, 
could not seriously impair. In grammar : it is of vastly more im- 
portance that the applicant show a familiarity with sentential struc- 
ture, and especially with the history and development of the Eng- 
lish language, than that he be able merely to parse a given word ac- 
cording to grammatical formula. These instances, selected at ran- 
dom, will serve to indicate the general character of the examina- 
tion, and what is meant by the investigation of principles instead of 
details. Not that technical knowledge and accuracy of details are 
unimportant, by any means, but simply that a general knowledge of 
causes and principles and laws is more important. Especial inquiry 
should also be made as to the candidate's peculiar aj)titucle in 
communicating 'knowledge^ and ability to make it clear to the pu- 
pil by lucid explanations, and prompt and pertinent illustrations. 



92 SCHOOL LAWS OF ILLDvOIS, WITH 

In determining the claims of tlie candidate for this grade, it 
would also be proper to regard certain points, upon which, from 
the nature of the case, there can be no formal examination, but 
the importance of which cannot be Cjuestioned. Sach as precis- 
ion and clearness of utterance, propriety and purity of diction, re- 
finement of manner, genuine dignity of character and bearing, 
earnestness, conscientiousness and high-toned morahty. It is 
thought that, in examinations of this character, far too much 
stress is ordinarily laid upon the value of mere scholar shij). The 
technical and scientific acquii-ements of the candidate must indeed 
be respectable, but it is sincerely believed that the considerations 
just referred to have a more important bearing upon the question 
of the real fitness and highest success of the teacher, than the ut- 
most perfection of purely scholastic attainments. 

Second Grade. — To secure this, the candidate should exhibit a 
fair knowledge of all the branches required by law, but the ex- 
amination may be conducted in a tnore technical form, with less 
reference to comprehensive, philosophical principles, and less rig- 
or of scrutiny into the general qualifications enumerated above, 
as necessary for the first grade. 

County superintendents can more easily apprehend the distinc- 
tion to be observed in the Kne of examination for each grade re- 
spectively, than I can define it in terms. Sufiice it to say that 
the examination for the second grade may be conducted more in 
accordance with the routine of the books ; it may deal more with 
specific details and less with fundamental principles than would 
be proper for the first grade: Thus, ia orthography, approved 
ability in spelling should be accepted though not accompanied by 
that knowledge of the powers and classification of letters, the 
generic rules of orthography, and the acquaintance with phonic 
analysis which should be demanded in the first grade. Again : 
in reading, proficiency in the art rather than in the science should 
be reqmred for this grade. If the candidate is able to read any 
ordinary piece at sight with a reasonable degree of intelligence, 
force and expression, it may properly be accepted, though he may 
not be versed in the higher principles of rhetoric nor the subtler 
laws of utterance ; and so of each of the other branches. In brief, 
the examination for this grade may be confined more to facts 
and extend less to principles ; it may deal more with practical 



OFFICIAL AND JUDICIAL DECISIONS. 93 

ability in specific directions, and less with theory and abstract in- 
vestigation.. 

I am aware of the indefiniteness of these suggestions, but noth- 
ing more specific seems practicable in view of the extreme diver- 
sity of circumstances under which they will be interpreted and 
aj)plied. A fixed standard of examination for each grade could 
not be carried out. A criterion that might be sustained in one 
county or section of the state, would prove too severe for another 
county or portion of the state. A rule that would easily admit 
teachers enough for the whole of one locality, would efiectually 
exclude those of another. There are irreconcilable differences in 
the ability and fidelity of su.perintendents ; in the sentiments of 
the people, and in the number and competency of candidates. 
In these circumstances I can only outline, as clearly as possible, 
the general j)rinciples that ought to govern in the examination for 
the respective grades, leaving much, of necessity, to the intelli- 
gence and discrimination of the superintendents. 

The general efii'ect of the system of grading in elevating the 
standard of qualification, does not depend, so much as might be 
supposed, upon having an absolute rule of examination and award. 
Because while superintendents may difler widely as to what shall 
constitute fitness for the first grade, they will be substantially 
agreed as to the intervals between it and the subordinate grade, 
or the relation that each inferior grade shall bear to the maximum 
standard which each superintendent adopts for his guidance. 
Thus the spur of emulation will be nearly as eifective in the one 
case as in the other. 

This duty of licensing men and women to be the teachers and 
guides of our children — to sustain to them relations scarcely less 
intimate and controlling than those of the parents themselves, for 
several months in the year, and for several of the most critical 
and formative years of their lives, is one of paramount import- 
ance and responsibility ; one requiring great judgment and pru- 
dence, nice discrimination, honesty and faithfulness. It should 
always be performed with a sincere regard to the magnitude of 
the interests involved, and a profound sense of just moral account- 
ability for the consequences of haste, indiscretion and thought- 
lessness. The careless flippancy, the indecent haste, the indifier- 
ence, the recklessness even, with which these most serious mat- 
ters are often disposed of, are sad indeed. It is lamentable to 



■ 94: SCHOOL LAWS OF ILLINOIS, WITH 

tliink tliat an intelligent people can commit snch interests to sncli 
nnwortliy hands as tliey often do. Superintendents cannot be too 
firm in resisting the importunities of candidates for certificates of 
high grade, when not clearly satisfied that snch grade is deserved. 
The examination^ and not the wishes, friendship, relationship, or 
pecuniary circumstances of the applicant, is the inexorable rule 
of the law, and by this the superintendent must, if he does his 
duty, be governed, with uncompromising fidelity. It is no real 
kindness to a teacher, to give him a certificate above the grade of 
his actual attainments and qualifications, while on the other hand, 
it is in violation of law, and utterly subversive of the ends con- 
templated in the provision for difiJ'erent grades — namely, the ele- 
vation of the standard of qualifications and a just discrimination 
between the better and poorer qualified. A candidate who is fit 
to receive any certificate, will not ask or take one of a higher 
grade than he is found to be honestly entitled to. Such a man 
will be willing to begin where his competency is unquestionable, 
and bravely strive to earn a higher grade. 

Among the conditions required by law is "good moral charac- 
ter." Let this not be a mere form, to be practically ignored or 
lightly slurred over. It is a peremptory demand of the law, of the 
schools, and of society, and should be inquired into by the super- 
intendent, where the applicant is unknown to him, with no less 
rigor of scrutiny than that exercised in ascertaining his fitness in 
other respects. The question of character should always be the 
first considered, and until it is satisfactorily disposed of, the su- 
perintendent should refuse to go a step further. Great mistakes 
have been made in this matter. Moral monsters have been quar- 
tered upon unsuspecting districts, the contamination and havoc 
of whose example and influence cannot be thought of without \ 
shudder. It is difficult, if not impossible, to know in some cases, 
that the candidate is worthy in this respect. But for this very 
reason, because it is so difficult, and because the consequences of 
serious error here are so fearful, the greater care is needed. 

But little change is made in the record of the examinations re- 
quired to be kept by county superintendents. The chief point 
to be noticed is that a separate record is to be kept of male and 
female teachers examined ; the law requires no record of such as 
fail to receive certificates. The record here required is of much 
importance, and may prove of inestimable value for future refer- 



OFFICIAL AND JUDICIAL DECISIONS. 95 

ence. County superintendents are enjoined to a faithful perform- 
ance of this duty, and to see that the record is kept in a well 
bound book, properly ruled and headed for the purpose. The 
form given in the act is very simple, and it will require but very 
little time to make the necessary entries. To insure accuracy a 
proper memorandum should be made immediately after the re- 
sults of each examination are determiued. 

3. State Certificates. By this section as amended a very im- 
portant change is made in the manner of granting state certifi- 
cates. Heretofore it was competent for the state superintendent 
to grant such certificates at his individual option, if he thought 
proper so to exercise the authority vested in him by law. Bj the 
change, "state certificates shall only be granted upon public ex- 
amination, of which due notice shall be given, in such branches 
and upon such terms and by such examiners, as the state super- 
intendent, and the principal of the normal university, may pre- 
scribe." 

The object of this modification is obvious, and its wisdom can-, 
not be doubted. That object is to invest the issue of the highest 
professional diploma known to the law, with such assurances of 
fairness and impartiality, and such safeguards against the possi- 
bility of abuse as shall challenge the respect and secure the con- 
fidence of the profession and the public. There is a manifest 
propriety in associating the head of the normal university with 
the practical development of this feature of the school law, since 
he is placed at the head of the state institution for the training of 
teachers, and is therefore identified with whatever has for its ob- 
ject the promotion of a professional spirit in the great body of 
teachers and the recognition of their claim to the rank of a pro- 
fession. The best results are anticipated under the operation of 
these modified provisions of this important feature of the system. 

4. English Schools contemplated hy the Act. This section as 
amended is expressly declarative of the kind of schools author- 
ized to be established under the act. Every school so established 
must be for instruction in the various branches of an English edu- 
cation, and no school funds can be approved under this act for 
any other class or description of schools. These declarations are 
unmistakable and emphatic; they indicate the true American 
idea of public education, which is not to foster and continue dif- 
ferences of dialect and nationality, but to break down all such dis- 



96 SCHOOL LATVS OF ILLINOIS, WITH 

tinctions, to blend and fuse all the elements of onr population into 
one homogeneous whole, and to mold all our youth in harmoni- 
ous unity, upon the broad basis of a common nationality. Hence 
the education to be given in our schools must not be German or 
French, but English: English ideas are to pervade and animate 
it through and through. The eye of our legislators, in framing 
this noble system, was upon the future as well as the present; the 
grand idea was before them of preparing the thousands that 
should come amongst ns from year to year, for the high duties of 
American citizenship. 

The idea of the law is, that the common medium of communi- 
cation shall be the English language and no other. ISTo matter 
what the nationalities or languages of the pupils may be, the in- 
structions of the teachers must be imparted through the English 
lano-uao-e and no other. A departure from this rule works the 
forfeiture of the public funds by the express tei-ms of the law 
itself. 

But lest the foregoing provisions should be misunderstood 
or misapplied, this section closes with the proviso, that nothing 
therein contained shall prevent the teaching in common schools 
of other and higher branches than those specified. By this proviso 
all necessary latitude is given for the introduction into our com- 
mon schools of such additional or higher branches, whether of 
language or mathematics, etc., as may, in given circumstances, 
be deemed advisable. It will thus be seen that while the Ger- 
man and other foreign languages cannot be made the teaching 
language, or medium of communication in our schools, yet they 
may be introduced and taught to any necessary extent through 
the medium of the English ; the same as the Latin, or Greek, or 
other additional branches are taught ; and so far from intending 
to discountenance the teaching in our public schools of modern 
languages, especially the grand, rich old German tongue, I 
would earnestly encourage the teaching of that language when- 
es^er circumstances will admit, and- expediency recommend the 
same to be done. In like manner, under the wise and liberal 
provisions of this section, high schools may be established in con- 
nection with, and as a part of our system of public schools, with 
a course of instruction as extended and varied as the best interests 
of the community may require. 



OFFICIAL AND JUDICIAL DECISIONS. 97 

REMARKS ON SECTION 51, AS AMENDED. 

By this section, as amended, it is made the duty of county 
superintendents to hold at least four public examinations annual- 
ly, for teachers desiring certilicates, on such days and at such 
different points in their respective counties as will, in their 
estimation, best accommodate those concerned. It is not meant 
by the term "quarterly," that the four public examinations should 
be held successively at the precise interval of three months. The 
intention of the law is simply to require that there shall not be 
less than four public examinations in each year ; the precise time 
of each being left to the discretion of the county superintendent, 
having in view the convenience and accommodation of the largest 
number of teachers. It is plain, from the language of the law, 
that in all large counties, more than one place should be desig- 
nated for the holding of such examinations ; they are to be held 
"on such days and at such places in their respective counties as 
will, etc." The superintendents of large counties should not re- 
quire the attendance of all applicants for certificates at the county 
seat, or wherever their respective offices may be ; this would, in 
many instances, impose an unreasonable burden of time and ex- 
pense upon candidates. It must be noticed that the convenience 
of the greatest number of persons desiring examination, and not 
the convenience of the county superintendents, is the rule which 
should govern in the designation of times and places. Superin- 
tendents receive compensation for the services required by this 
section, and they must, if necessary, subordinate their own con- 
venience to that of the teachers of the county. Under a former 
section, county superintendents are authorized to delegate the 
authority vested in them for the examination of teachers to a 
board of examiners, to be by them appointed. While the ap- 
pointment of such examiners in some instances, as in the case of 
large and populous counties, etc., may be necessary, yet this im- 
portant duty should, as far as possible, be performed by the super- 
intendent in person, and not by proxy. Ther6 can be no objection 
to having experienced educational men present at the e:^amina- 
tions, nor to their assisting superintendents in their duties on such 
occasions ; on the contrary, the presence and co-operation of such 
persons is desirable. But what I would earnestl}'^ urge is that 
county superintendents should themselves always be present, and 



98 SCHOOL LAWS OF ILLINOIS, WITH 

superintend the examinatioD of teacliers, if at all practicable. 
The object of the law in requiring a certain number of public 
examinations, is primarily, that teachers, and all others interested, 
may have due and timely notice of the times and places where 
such meetings will be held, that they may make their arrange- 
ments and govern themselves accordingly. Others beside the 
candidates have an interest in such examinations, and may desire 
to attend them. This is particularly true of the directors and 
citizens of the particular districts where the applicants may pro- 
pose to teach, in order that they may see and hear for themselves, 
and be thereby the better enabled to judge of the abilities and 
qualifications of the persons whom they propose to employ. The 
four examinations required by law must therefore be strictly 
public — open to all who may choose to attend. It is, however, 
to be distinctly understood that the number of public examina- 
tions that may be held is not limited to four ; that is merely the 
minimum number required by law. Superintendents may hold 
as many more public examinations as they choose ; they may hold 
them monthly, or even oftener, if deemed expedient ; or they 
may insist that all examinations held by them shall be open and 
public, if in their estimation, the intention of the law and the 
best interests of education would thereby be promoted. 

On the other hand, it is not to be understood that private ex- 
aminations of teachers are meant to be interdicted by this section 
as amended. Special cases or emergencies may occur when pri- 
vate examinations should be granted. But while the liberty of 
private examinations is not restricted by the amendment, it is 
recommended that all examinations be public, unless very good 
reasons exist in favor of a contrary course. Many strong consid- 
erations might be urged in favor of this recommendation. It is 
well known to the experienced, that public examinations are in 
almost all cases more thorough, impartial and satisfactory than 
private ones. The superintendent himself is less liable to, be 
affected by feelings of sympathy ; and in case of marked dispari- 
ty in the attainments of the respective candidates, those sustain- 
ing the.poorest examination will themselves be able to compare 
their attainments with those of the remainder of the class, and 
thus, in case of failure to obtain a certificate, will the more read- 
ily acquiesce in the decision of the superintendent, as they see 
the ground upon which it is based. Another consideration in 



OFFICIAL AND JUDICIAL DECISIONS. 99 

favor of public examinations is to be found in the fact that it ef- 
fectually prevents charges of favoritism or partiality, which are 
sometimes brought against superintendents, however groundless 
or unjust such charges may be. 

Notices of all public examinations must be given for a sufficient 
length of time, by publication in at least one newspaper of gen- 
eral circulation in the county. In counties having no local news- 
paper, the intention of the law would be satisfied by giving such 
notices through the medium of handbills, posters, or circulars, 
to be generally distributed throughout the county. The expense 
of such publication, in whatever form made, is to be paid out of 
the school fund. 

•The fee for teachers' certificates is abolished. The exaction of 
a fee from a teacher for his certificate has always been regarded 
by thinking men, as wrong in principle and bad in effect; wrong 
in principle, because if any fee is allowed it should not be paid 
by the teacher ; and bad in its influence, because it brings to bear 
upon the superintendent motives to a favorable judgment of the 
candidate's quahfications from which that officer should be wholly 
exempt. Under the law, prior to its amendment, it was hard for 
the best and most upright county superintendents in the state, 
not to be affected to some extent, consciously or unconsciously, 
by considerations of the pecuniary consequences to them of the 
success or failure of the candidate ; and even where the superin- 
tendent was absolutely free from the slightest bias of that kind, 
it was not unfrequently difficult or impossible to convince the 
public of that fact. In every aspect of it therefore, whether we 
regard what is due to the teacher or the independence and free- 
dom of the examiner, the amendment is a good one ; coupled as 
it is with the more liberal policy, adopted in another part of the 
act, in respect to the compensation of the superintendent. The 
prohibition as to fees applies to all certificates, whether granted 
at public or private examinations. It is the duty of county super- 
intendents to keep on hand a supply of blank certificates, to be 
filled out from time to time as required ; and the cost of such 
. blanks may be paid out of the school fund. 

It is a singular omission of the law that it makes no provision 
for an office for the county superintendent. The position of 
superitttendent is an important one, and yearly becoming more so ; 
his business, educational, financial and general, is very extensive, 



100 SCHOOL LAWS OF LLLINOIS, WITH 

bringing him into official relations with many persons from all 
parts of the county ; and yet his pay has been so meagre that, in 
the absence of any legal provisions on the subject, he has been 
compelled to keep his records, receive visitors, and transact all 
his. official business at his private residence, or such other casual 
place as he was able to procure. It is true that, in some coun- 
ties, rooms have been famished in the com't house or other public 
buildino-s free of expense, but as a general rule no such accom- 
modation has been extended to him, and he has been obliged to 
get along as best he could. I^ot only has this state of things 
subjected the county superintendent and his family and the pub- 
lic to great inconvenience, but it has also, in many instances, im- 
periled the safety of the notes, bonds, mortgages and other evi- 
dences of indebtedness, together with valuable papers and records 
of which the county superintendent is the legal custodian. This 
state of things could not have been contemplated or intended by 
the legislature. The office of county superintendent should be as 
well known, and as accessible to the public, as that of any other 
county officer ; he should not be compelled to transact his public 
business in some out-of-the-way place, nor to use any portion of 
his private residence for the public service. "Whenever the resi- 
dence of the superintendent wiU. admit, he should have an office 
at the county seat, or if not there, in the nearest large town, and 
he should cause it to be pubKcly understood where his office is, 
and when he can be found there for the transaction of public 
business. Holding these views to be self-evident and essential 
to the public good, and not incompatible with the spirit and in- 
tent of the law, county courts and boards of supervisors are re- 
spectfully requested to make provision, by appropriation or 
otherwise, for suitable offices for county superintendents. It is 
much better that this should be done by the county authorities, 
who undoubtedly have the same right to provide office accommo- 
dations for county superintendents of schools, as for sheriffs, 
county clerks, or any other county officer. But if the county 
authorities decline or neglect to act in the matter, then the super- 
intendents themselves are hereby authorized to procure suitable 
offices and office accommodations, and to defray the necessary ex- 
penses out of the school fund of the county. The strictest econ- 
omy must be observed by superintendents acting under this au- 
thority. No unnecessary or unreasonable expense is to be in- 



OFFICIAL AND JUDICIAL DECISIONS. 101 

curred ; but whatever is necessary in the premises, may be done ; 
for it is absolutely essential that these officers should have appro- 
priate facilities for the transaction of their public business, and 
the orderly arrangement and safe custody of their books and 
papers. 

KEMAKKS ON SECTION 54, AS AMENDED. 

In considering the amendments to this section, attention is first 
called to the very just provision for the protection of teachers 
after the delivery of their schedules to the directors. Heretofore, 
in case of the loss of schedules after such delivery, or the failure 
of the directors to place them in the hands of the township treas- 
iirer within the time fixed by law, teachers were practically with- 
out remedy ; in some instances incurring the loss of the entire 
amount due, and in others being compelled to wait six months 
or more for their pay, besides being subjected to great incon- 
venience and expense. By this amendment teachers are author- 
ized to demand, and directors are required to give, receipts for 
schedules, on their delivery by the former to the latter, and direc- 
tors are made personally liable for any loss sustained by the 
teacher, through their failure or neglect to dispose of schedules 
coming into their hands, according to law. The receipt of the 
directors is conclusive evidence against them, and in favor of the 
teacher. This provision is not founded in any distrust of the in- 
tegrity of school directors, but is simply a plain, business matter, 
necessary to the protection of teachers, and infringing upon no 
right or privilege of the director. The certified schedule of the 
teacher represents a money value, upon surrendering which it is 
proper that he should receive a legal equivalent ; said schedule 
is the evidence upon which he relies for the proceeds of his labor. 
Where losses have occurred, through failure of directors to file 
the schedule with the township treasurer in time, it is no doubt 
in almost all cases to be attributed to inattention or inadvertence, 
and not to any purpose of defrauding the teachers ; but, what- 
ever the cause, the right of the teacher to redress is not dimin- 
ished. Should losses of this kind hereafter occur, it will be the 
fault of the teacher in neglecting to avail himself of the security 
here provided. 

The rights of teachers are further protected by the declaration 
contained in this section that their schedules are legally due and 



102 SCHOOL LAWS OF ILLINOIS, WITH 

payable on the first Mondays of April and October of eacb year, 
and that all balances remaining due and unpaid after said dates 
respectively, shall draw interest at the rate of ten per cent, per 
annum, until paid. 

This legislation is an act of simple justice, all the more wel- 
come because so tardy, toward a most deserving class of men and 
women. Whatever opinions may be entertained to the contrary 
by the uninformed, the prejudiced, or the unthinking, it is un- 
questionably true that well qualified and faithful teachers are 
poorer paid in proportion to the talents required, the labor per- 
formed and the good done, than any other class of persons in the 
commonwealth. I speak of well qualified and faithful teachers, 
and am sure that the foregoing statement in regard to them will 
not be denied by any candid and intelligent person. The school 
laws of this and other states have been framed, apparently, with 
a singular unmindfulness of the pecuniary rights of teachers, and 
it is a subject of sincere congratulation that so important a step 
has been taken in the right direction, by our late legislature. 
The files of this ofiice show innumerable instances of long and 
vexatious delays, and other wrongs and hardships endured by 
teachers in obtaining payment for services rendered, in conse- 
quence of the lack of necessary legal provisions in their behalf. 
In hundreds of instances they have been obliged to wait for 
months, and not unfrequently for years, for the settlement of their 
claims, and at last, after being deprived so long of their just dues, 
have been compelled to accept the principal only, without any 
interest at all, as a partial compensation for the delay and depri- 
vation. Hereafter, the moment a schedule is audited by the 
trustees, in April or October, and filed with the treasurer, it com- 
mences, if unpaid, and any balance unpaid, to draw interest at 
the rate of ten per cent, per annum ; and to the prompt liquida- 
tion of such unpaid schedules, or any unpaid part thereof, with • 
the addition of the accrued interest, school directors, trustees and 
treasurers, are enjoined in the most positive terms. Said bal- 
ances, with interest as aforesaid, are furthermore declared to be 
preferred claims against the district, and must be j^aid out of the 
first moneys coming into- the hands of the township treasurer, and 
not otherwise specifically appropriated. 



OFFICIAL AND JUDICIAL DECISIONS. 103 

REMARKS ON AMENDMENTS TO SECTION 57. 

The important change in this section is the legalizing of loans 
by township treasurers, at a rate of interest less than ten per cent, 
per annum, in cases where it is found impossible to obtain ten per 
cent. Prior to this amendment loans at a less rate than ten per 
cent, were peremptorily forbidden ; the language was, "the rate 
of interest shall be ten per cent, per annum ;" and, under the op- 
eration of that prohibition, vast amounts of the principal of the 
township school fund have, during the past few years, remained 
idle and unproductive ; it being found impracticable, in many 
portions of the state, for reasons familiar to all, to invest the school 
fund at ten per cent. All former provisions in respect to the 
time for which loans may be made, the amount and (character of 
the securities required, etc., remain unchanged, with the exception 
hereafter to be noted ; and, with the law as it now stands, town- 
ship treasurers will understand that no action of the board of trus- 
tees is necessary to authorize them to loan at ten per cent. That 
being the maximum rate allowed by law, treasurers may continue 
to make loans at that rate as heretofore, whenever practicable. 
But no loans can be effected at a rate of interest less than ten per 
cent, without the official approval of the board of trustees. When- 
ever the township treasurer reports to the board that he has on 
hand a portion of the principal of the town fund, which he is un- 
able to invest at ten per cent., it will be the duty of said board, 
at any regular or special meeting, to fix and determine the re- 
duced rate at which said funds may be loaned, and to instruct the 
treasurer accordingly; and, until such action of the board is had, 
the township treasurer cannot assume the responsibility of accept- 
ing a less rate of interest than ten per cent.; nor can any rate, 
less than ten per cent., be legally determined without the approv- 
al of at least a majority of the board of trustees. It will be ob- 
served that this amendment is made retro active, so as to cover 
all loans heretofore made by school officers in accordance with 
the instructions of the late state superintendent, so that all loans 
made, under such instructions, at a rate of interest less than ten 
per cent., are therefore legal and valid, the same as if made under 
the provisions of the amendatory act. As the financial troubles 
of the country have mostly ceased, with the close of the war, it is 
believed that it will not hereafter be difficult to make all loans at 
ten per cent. 



104: SCHOOL LAWS OF ILLINOIS, WITH 

This section, as amended, also authorizes the loaning of town- 
ship funds to boards of school directors, taking as security district 
bonds made and issued as prescribed in the forty- ser en tli section 
of the act. Such loans can, of course, only be made to directors 
in their corporate capacity. This is the only change made in re- 
spect to the character of the securities which township treasurers 
are authorized to receive ; and it is believed that the exception 
made in favor of boards of directors will subserve the public in- 
terest and convenience in an eminent degree. Bonds issued by 
school directors to secure the payment of money borrowed un- 
der the" provisions of this section, must be made payable to the 
board of trustees of the proper township, in their corporate name 
and style. As the whole taxable property of a district is virtually 
pledged for the redemption of the bonds so issued, no security 
could be more ample and sure; and it is therefore anticipated 
that this class of loans will soon be sougbt by township trustees 
in preference to others. The attention of township trustees is in- 
vited to the expediency of discouraging short loans, as far as prac- 
ticable. Loans on short time may, of course, under some circum- 
stances, be necessary, but it is obvious that, other things being 
equal, the longer the period for whicb loans are made the greater 
will be the net profits to the township. Township treasurers are 
required in the most express terms, to keep the principal of the 
township fund constantly at interest; they cannot, without a 
breach of obligation, for which they are liable on their bonds, 
keep any portion of said principal on hand, if in their power to 
loan the same, at any rate of interest now allowed by law. The 
question has frequently been submitted to this department, wheth- 
er township funds may be invested in government bonds, or in 
war bonds, or other bonds issued by county, township, or other 
local authorities. The only answer that I am authorized to make 
to sucb inquiries is, that the school law does not authorize such 
investments ; the section of the act under review prescribes the 
only mode and conditions of loaning school funds. 

EEMAKKS ON" AMENDMENTS TO SECTION 63. 

Boards of school directors have been much embarrased, in mak- 
ing their annual estimates for school purposes, from not knowing 
the actual condition of their respective accounts on the books of 
the township treasurer. For lack of this information they have 



OFIFCIAL AND JUDICIAL DECISIONS. 105 

sometimes caused a heavier tax to be levied than was necessary, 
and at other times the levy made has proved too small for the 
current expenses of the schools, and thus they have found them- 
selves, at the end of the term or year, without the expected means 
of meeting their liabilities. In some instances boards of directors 
have been thus in the dark in regard to the exact condition of 
their financial a£fairs for several years in succession, entailing 
much needless delay and perplexity upon them and their credit- 
ors. To correct this state of things, it is now made the duty of 
township treasurers -to settle semi-annually with each board of di- 
rectors in their respective townships. It 'will hereafter be the 
right of each board of directors to demand, and the duty of town- 
ship treasurers to furnish, on the first Mondays of April and Oc- 
tober of every year, a certified written statement or exhibit, show- 
ing the exact condition of the account of each district, and the 
amount of funds of every description in their hands, as shown by 
their books to the credit of and belonging to each district respect- 
ively. The statement here required, must be duly certified and 
signed by the township treasurei- in his official capacity, and will 
furnish a safe and reliable basis upon which the directors may 
proceed in making up their estimates, and arranging their plans 
for the support and continuance of schools. 

REMARKS ON SECTION 6Q, AS AMENDED. 

The object of the legislature in the revision of this section is 
two-fold. First: To define what shall constitute the permanent 
principal of the township and county funds respectively, and to 
forbid the distribution, diminution,- or alienation of said principal 
or any part thereof, in any manner whatever; and Second: To 
require the regular distribution of the entire interest and pro- 
ceeds of said principals respectively, and to forbid the carrying of 
said interest, rents and profits, or any part thereof, to the princi- 
pal of the respective funds. These objects are fully accomplished 
by the language of this section as amended, since it removes all 
ambiguity, and effectually guards against the error, entertained 
by some, that a portion of the interest and other proceeds annu- 
ally accruing, might, under some circumstances, be considered as 
surplus and added to the principal of the proper fund. The law 
plainly declares that the entire proceeds accruing from the princi- 



106 SCHOOL LAWS OF ILLLNTOIS, WITH 

pal of the county and township funds, must be regularly distribu- 
ted for the support of schools. 

BEMAJtKS OSr SECTION 67, AS A:y:ENDED. 

This section, as amended, prescribes more clearly than before 
the rules by which township treasurers are to be governed in pay- 
ing out funds. The substance of the whole section is. First : 
That no funds in the hands of township treasurers to the credit 
of districts can be paid out, except upon orders, duly drawn, and 
signed by the directors of the proper district, or by their presi- 
dent and clerk ; and Second : That, where there are funds in the 
hands of a township treasurer to the credit of a district, all orders, 
when legally drawn and signed by the proper board of directors 
or its officers, as aforesaid, must be promptly honored and paid. 
Funds coming into the hands of township treasurers for the bene- 
fit of districts, are of two classes, viz : First : the interest, rents, 
and profits of the township fund, and the state and county fund 
received from the county superintendent; Second: funds accru- 
ing from special taxes levied by orders of school directors, and 
funds arising from the sale of property belonging to school dis- 
tricts. The funds embraced in the former class must pass through 
the hands of the township ti'ustees, and be by them apportioned 
to the respective districts, before said funds become subject to the 
order of the directors. The funds embraced in the latter class do 
not pass under the control of the township trustees, and are not 
subject to apportionment or distribution by them, but are paid di- 
rectly to the township treasurer, to be by him immediately placed 
subject to the orders of the proper board of directors. 

EEMAEKS ON SECTION 71, AS ASIENDED. 

The commissions of three per cent, upon the amount of sales of 
school lands, and of two per cent, upon the amount of all sums 
paid or loaned out by county superintendents for the support of 
schools, are not changed by the amendments to this section ; but 
all of said commissions are still allowed by law, and may be re- 
tained, as heretofore. In addition to said commissions for selling 
school lands, and for distributing, paying out, and loaning school 
funds, county superintendents are also entitled by this section as 
amended, to the sum of three dollars per day, for any number of 
days not exceeding two hundi'ed in any one year, for their educa- 



OFFICIAL AND JUDICIAL DECISIONS. 107 

tional services as county superintendents. Among the duties, for 
the performance of which it is the intention of the law to author- 
ize county superintendents to receive the per diem of three dol- 
lars, may be mentioned the following: visiting and superintend- 
ing schools ; examining teachers ; organizing and conducting 
teachers' institutes ; hearing and determining complaints and con- 
troversies submitted to them under the school law; preparing and 
tabulating official reports, etc. In brief, compensation is allowed, 
at the rate of three dollars per day, for all duties and services le- 
gitimately connected with the office of county superintendent, 
and required by law of county superintendents, and performed 
by them according to law ; except such duties and services as are 
required and performed in connection with the sale of school 
lands, and the distribution, loaning and paying out of school 
funds. For these latter services, compensation is provided in the 
form of commissions. The per diem account is to be rendered 
semi-annually, and must be certified and sworn to by the county 
superintendent; and when so rendered, certified and sworn to, 
said account must be paid, semi-annually, from the county treas- 
ury, as the accounts of other county officers are paid ; instead of 
being retained from the school fund as heretofore. By this 
change over fifty thousand dollars are saved to the school fund 
annually, and the taxes necessary for school purposes are propor- 
tion ably lessened. This is in harmony with the spirit of the 
whole free school system, which seeks at all points to protect the 
school fund, and must command the approbation of all friends of 
public education. 

The law does not fix the number of hours' service for which 
the per diem of three dollars shall be received ; but the nature of 
the service to be rendered, and the circumstances under which it 
must, in most cases, be performed, are such as to warrant the 
conclusion that the term "day," in this section may properly be 
considered, (in case the point is raised), as identical in duration 
with the school day of teachers, and as generally known and re- 
cognized in the school law, namely, six hours. The correctness 
of this view will appear from the fact that public schools are in 
session but six hours a day, and hence a county superintendent 
could not spend a greater length of time in school visitation in 
in any one day, while his claim to the legal per diem for such 
day's visitation, is unquestionable. But it is not probable that 



108 SCHOOL LAWS OF ILLINOIS, WITH 

the technical point of what constitues a "day," in the sense of 
this statute, will be raised. The common custom of the country 
in such cases is well understood, and will govern, unless objection 
is made. Where the compensation authorized bj this section is 
deemed insufficient, it is further provided that county courts or 
boards of supervisors may, at their discretion, increase the same 
by additional appropriations, and I cannot too earnestly recom- 
mend that the compensation of every good and efficient superin- 
tendent be in this manner increased so as to enable him to give 
his whole time to the schools of his county. 

As elsewhere stated, I labored earnestly with the committees 
on education, and with other members of the late legislature, to 
obtain a still greater advance in the compensation of county 
superintendents, believing, as I ever have, that the prosperity of 
the schools depends in a great measure upon faithful county su- 
pervision, and that no school officers known to our system have 
heretofore been so poorly remunerated, in proportion to the 
amount and value of service rendered, as county superintendents. 
I rejoice that a step, at least, has been taken in the right direc- 
tion, and hopefully anticipate the time when full justice will be 
done to these faithful and devoted school officers. It is no argu- 
ment against the wisdom and justice of this amendment to say 
that there may be county superintendents who are incompetent 
and unfaithful, and who cannot or will not earn the compensa- 
tion allowed by law. It is enough to reply that the utter insuf- 
ficiency of the remuneration heretofore .allowed, has been a 
principal cause of incompetent superintendents, if such there 
are ; and that the only safe and just rule in the regulation of sal- 
aries is to consider how much the services required by law ought 
to command, when such services are ably and efficiently per- 
formed ; leaving it to the people to see that the right persons are 
chosen for the office. 

KEMAKKS ON SECTION T2, AS AMENDED. 

The commissions of township treasurers remain unchanged, 
but township trustees are peremptorily required to make a suita- 
ble allowance to their treasurers, annually, for their clerical ser- 
vices. This provision was contained in the old law, but I have 
reason to believe that it was not generally complied with. It is 
now re-enacted in more express terms, and boards of trustees are 



OFFIOIAX AND JUDICIAL DECISIONS. 109 

enjoined not to neglect to set apart a reasonable sum from the 
township fund, each year, as a compensation for the services ren- 
dered by treasurers as clerks of their respective boards. If the 
books and records are kept in a proper manner, (and it is the 
duty of the trustees to see that they are so kept,) the time and 
labor required of treasurers are such as justly to entitle them to a 
liberal compensation, and such compensation cannot be vrithheld 
without a plain violation of law, for which the wronged party has 
redress. 

Whatever doubt may have existed heretofore in respect to the 
claim of county treasurers to a per centage upon school taxes 
collected and paid over to them by county or township collect- 
ors, are removed by the provisions of this section, as amended ; 
such a per centage cannot lawfully be claimed or retained by 
county treasurers under the present law. It will be observed 
that school officers are no longer exempt from serving on juries ; 
their other immunities remain as before, but they will hereafter 
be liable to duty as jurors in courts of record. 

KEMAEKS ON AMENDMENTS TO SECTION 82. 

The amendments to this section are drawn with such fulness 
and care as to leave but little to be supplied by way of comment. 
The first point that will be observed is, that the lines, penalties 
and forfeitures reverting to the school fund, under the provisions 
of this section, are to be paid to the school superintendent of the 
county in which said fines, etc., have been imposed or incurred 
instead of the superintendent of the county in which they were 
collected,, as was the case prior to the amendment. The propriety 
of this change is obvious, since the place of collection is not al- 
ways identical with that where the line is imposed or the forfeit- 
ure incurred, and it is plain that the latter, and not the former, 
should determine the county superintendent to whom the money 
should be paid. 

Another very important provision is, that the duty of enforcing 
the collection of these debts due the school fund, is specially de- 
volved upon the state'' s attorney of the respective judicial circuits, 
instead of being left to the county superintendents, as heretofore. 
The state's attorney is familiar with the forms of legal proceed- 
ings to be instituted ; he is entitled by law to fees and commis- 
sions for such collections, and therefore professionally interested 



110 SCHOOL LAWS OF ILLINOIS, ETC. 

in enforcing them, and hence is the proper officer to whom the 
business should be entrusted, so far as courts of record are con- 
cerned. Justices of the peace are also enjoined to enforce the 
collection of all fines imposed by them, and the officer charged 
with the collection is directed to pay the same, when collected, to 
the school superintendent of the county in which said fines were 
imposed. 

But the most essential provision- is that which requires clerks 
of courts of record, and justices of the peace, to report^ under 
oath, to the proper county superintendent, annually, the amount 
of fines, penalties, and forfeitures, imposed or incurred in their 
respective courts, and also the amount collected, together with 
the names of the officer or officers charged with the collection 
thereof, under a penalty of twenty-five dollars for each failure to 
make such report. These reports will furnish county superin- 
tendents with the necessary information and data upon which to 
act, the lack of which, under the old law, rendered its provisions 
practically almost a dead letter. Eeports must be made annually, 
whether any fines, etc., have been imposed or not ; the reports in 
that case, being in blank. Hardly less important is the stringent 
and highly penal provision by which the officer having collected 
said fines, penalties and forfeitures, or having the same in his 
possession, is compelled to pay the same over to the person au- 
thorized by law to receive them. The penalty for each default is 
double the amount of the funds illegally withheld. The kind of 
action {qui tarn) by which the forfeiture is to be recovered, is the 
one best adapted to secure the end in view. • 



OFFICIAL AND JUDICIAL DECISIONS. 



Having now presented the school law, as amended, and con- 
sidered in detail the several sections of the amendatory act, it 
remains to embody the official and judicial decisions, now in force, 
in .relation to common schools. The plan of this Compend re- 
quires that these decisions be given in the briefest form ; it does 
not admit of extended argument and illustration, and it is be- 
lieved that for the practical purposes contemplated in the prepara- 
tion of this Hand-Book, the plan adopted will be found more 
convenient and useful than an elaborate statement of the reasons 
and discussion of the principles upon which each decision is 
founded. The extended survey of the whole field involved in 
the latter plan, falls more properly within the province of the 
larger and more philosophical library and reference work which 
I have in preparation. 

The decisions that follow embrace the substance of all that 
have been rendered by the department of public instruction, and 
the supreme court, in relation to common schools ; those only 
being omitted which have been superseded or rendered inopera- 
tive by recent legislation. They are purposely thrown into this 
condensed form, so that, being general, and embracing only ab- 
stract legal principles, they may be of universal application. For 
facility of reference, the decisions are grouped into general classes, 
and arranged under appropriate sub-heads ; those of each general 
class being consecutively numbered. 



DECISIONS RELATING TO COUNTY SUPERINTENDENTS. 

1. Bond. — Before county superintendents can legally enter 
upon the discharge of their official duties, they must take an oath 
for the faithful discharge of the same, and execute a bond, as pre- 
scribed in the eleventh section of the act. 



112 SCHOOL LAWS OF ILLINOIS, WITH 

2. Examination of Treasurer's Bond. — It is the duty of 
county superintendents carefully to scrutinize the bonds of town- 
ship treasurers before accepting and filing them, and if found in 
any respect defective to return them for correction. (§ 15.) 

3. To withhold funds until bonds are filed. — County superin- 
tendents can pay no school funds to any township treasurer who 
has not on file a good and peifect ofiicial bond. (§ 16.) 

4. Apportionment rf Funds. — Townships and parts of town- 
ships, in which no schools have been kept according to law, can- 
not share in the distribution of the school fund. But, if a single 
school of a township has been kept as the law requires, that town- 
ship is entitled to the benefit of the school fund. (§ 16.) Where 
a township in divided by a county line, leaving one or more dis- 
tricts on each side of said line, the treasurer of said township is 
entitled to funds from each superintendent, provided that schools 
have been kept according to law in each fraction of the township; 
but not otherwise. If the district or districts in the part of said 
township lying in one county, have complied with the provisions 
of law, while the district or districts of said township which lie 
in the other county, have not so complied, then the treasurer of 
said township is entitled to funds from the superintendent of the 
former county, but not from the superintendent of the latter 
county. 

5. Basis of Apportionment. — County superintendents can ap- 
portion no funds to townships upon any other basis than that pre- 
scribed in section sixteen of the act. They must always take as 
the basis, the latest ofiicial enumeration of persons under twenty- 
one, on file in their offices. Where officers fail to report the num- 
ber of white children under twenty-one, the county superintendent 
will adopt the census of those townships whose ofiicers have com- 
plied with the law and made a return, and take the last enumera- 
tion of those townships from which no returns were received, as 
the basis of distribution. The township whose ofiicers comply 
with the law are entitled to the -full benefits of their increased 
population. Ofiicial census returns must be received, unless >;: 
known to be false and fraudulent, in which case they may be re- 
jected and the funds withheld until true returns are made; or the 
latest returns on file may be taken as the basis, as aforesaid. 

6. Examination of Teachers. — County superintendents must : 
hold at least four public examinations of teachers annually, and 



OFFICIAL AND JUDICIAL DECISIONS. 113 

more if necessary, at sucli times and places as will accommodate 
the greatest number of persons desiring examination. They are 
not forbidden to examine teachers privately. Due notice must 
be given of all public examinations, (§ 51.) County superin- 
tendents are authorized to appoint boards of examiners, for the 
examination of teachers, but such examiners are not school offi- 
cers, nor entitled to the immunities granted in section seventy- 
two of the act. It is the duty of the county superintendent or 
board of examiners, when requested by the directors of any district, 
to examine teachers in the higher branches; in which case they 
shall certify to the additional branches proposed to be taught; 
but no certificate can be given unless the teacher is qualified to 
teach the several branches enumerated in the law. {See reniarhs 
on section 51.) 

1. Teachers' Certificates. — Certificates can only be granted to 
persons of approved moral character, and who, upon due examina- 
tion, shall be found qualified to teach all the branches enumer- 
ated in the act. On the question of character, the superintendent 
must be governed by his own knowledge, when that knowledge 
is in conflict with testimonials. The date of a teacher's certificate 
must strictly conform to the facts; it cannot be dated back. Only 
two grades of certificates are authorized by law. The first is 
valid in the county for two years, the second for one year. At 
the expiration of a certificate the superintendent may renew the 
same by endorsement, without examination, or he may require 
further examination, as the condition of such renewal, at his op- 
tion. He is not authorized to renew certificates unless granted 
by himself. (§50.) 

8. Fees for Oertificates. — All fees for teachers' certificates are 
abolished, whether granted at public or private examinations, but 
the expense of the blank forms used may be defrayed out of the 
school funds. ( § 61.) 

9. Revocation of Certificates. — Teachers' certificates may be 
revoked, but only for just cause. In the exercise of this right 
the greatest care should be taken to avoid injustice. The pro- 
fessional reputation of a teacher should not be prejudiced by the 
revocation of his certificate, except upon the most clear and posi- 
tive proof; but whenever such proof is furnished, the duty of the 
county superintendent is plain, and he must perform it. "When 
the revocation of a certificate becomes clearly necessary, the su- 

—9 



lli SCHOOL LAWS OF ILLINOIS, WITH 

periutendent should note the fact in his record of certificates 
granted, (section 50), and request the teacher to surrender the 
document. If he refuse to do so, the name of the teacher, date 
and grade of his certificate, and the fact and date of its revoca- 
tion, (with cause, if deemed expedient), should be published in 
the county papers, or otherwise. This, in that case, would be 
necessary for the information and protection of the public. The 
directors, trustees and treasurer, of the district and township 
concerned, should also be informed immediately and officially by 
the superintendent, in writing, of his action, and duly notified 
and warned that no public funds can lawfully be paid said teach- 
er for services rendered from and after the date of said revoca- 
tion. The law does not authorize county superintendents to 
suspend teachers' certificates, nor do 1 think that the right to do 
so is implied in the power to revoke. They may grant, renew, 
and, for good cause, revoke certificates; their powers in the 
premises would then seem to be exhausted. 

10. School Visitation. — County, superintendents are required 
by law to visit e^ich school in their respective counties, at least 
once each year. No other duty is more expressly enjoined, and 
it cannot be neglected without a disregard of the plainest require- 
ments of the act. The law does not authorize the performance 
of this duty by proxy. ( § 20.) 

11. Controversies. — It is the imperative duty of county super- 
intendents to hear all controversies and complaints arising in 
their respective counties upon school matters, and, if possible, to 
determine and adjust the same. E"o such cases can properly be 
submitted to this department except by formal appeal from the 
decision of the county superintendent. ( § 20.) 

12. Reports. — County statistical reports are required to be 
made to this office annually. For refusal or neglect to render 
such reports, at the time and in the manner reqiiired by law, 
county superintendents are liable to removal from office, and the 
consequences of such failure, to the county, are no less than the 
forfeitm-e of the state school fund for the ensuing year. ( § 17.) 
They are also liable to a fine of twenty-five dollars for each de- 
fault in making such report, under section seventy -six of the act. 
And when a county loses its share of the pubhc fund by reason 
of the failm-e of the county superintendent to make his report, he 
is responsible for said loss. ( § 77.) 



OFFICIAL AND JUDICIAL DECISIONS. 



115 



13. Sale of School Lands. — Sales of school lands by county 
superintendents are invalidated by failure to give due and legal 
notice thereof. All sales of school lands must be advertised in 
the manner and for the length of time prescribed in section 
eighty-seven of the act. The expenses of advertising sales of 
school lands should be paid from the school fund of the township 
for whose benefit the advertisement is published. It was held 
by the earlier state superintendents that said expenses should be 
paid by the county superintendent, and the decision has not 
heretofore been traversed. But a careful examination of the 
point has satisfied me that said opinion is not well founded. It 
appears to be a well settled principle that the fees or compensa- 
tion of a public oflicer for his services^ in any particular business, 
are not to be reduced by the amount of his legal expenses in- 
curred therein. The compensation mentioned in section 71 of 
the act, in relation to the sales of school lands, are clearly for 
'"'■ services'''' only, not for expenses. A diflferent construction would 
work great wrong to the oflficer. For it is plain, in the case of 
small tracts at low prices, that even if a sale is effected, the cost 
of advertising may exceed the commissions allowed by law ; 
while, on the other hand, the minimum price fixed by the trustees 
may be so high as to prevent any sale at all, as is frequently the 
case. And as this may happen several times before a given tract 
is actually sold, the injustice of requiring the expenses to be 
borne by the county superintendent is very manifest. This is 
all the more apparent from the fact that the superintendent may 
be obliged to make the sale on the premises, incurring an addi- 
tional outlay for travelling expenses, which must also be repeated 
as often as there is a failure to sell. The law never requires an of- 
ficial to expend his private means for the public good. Hence, 
whatever expenditures the law requires an official to make, the par- 
ties for whose benefit the expenditure is incurred must pay the cost. 
In this case, therefore, the cost of advertising must be defrayed 
from the school fund of the proper township. ( §§ '71, 87, et al.) 

14. Commissions on Sales. — The county superintendent is en- 
titled to three per cent, of the amount realized from all sales of 
school lands made by him. "When a sale of school lands is made 
by the superintendent, and the amount for which the lands are 
sold is not actually paid in, but loaned to the purchaser or pur- 
chasers, he is entitled to three per cent, for selling and two per 



116 SCHOOL LAWS OF ILLINOIS, WITH 

cent, for loaning. ( §§ Yl and 86.) When the purchaser of school 
lands pays the full price of the land to the commissioner in cash, 
the money so received should be paid to the township treasurer^ 
to be loaned by him. 

15. Omission to take Mortgage. — When school lands are sold 
by county superintendents, and the money is loaned to the pur- 
chaser, security is required by notes and mortgage as in the case 
of money loaned by township treasurers; but should the super- 
intendent neglect to take such mortgage, the lien is not waived, 
as the law expressly provides that it shall be reserved. In such 
a case the trustees of schools can assert a lien as against a pur- 
chaser, and also as against those claiming under him, with notice, 
if proceedings are instituted within a reasonable time. {Trusteei 
of Schools vs. Wright et al, 12th III, 432.) 

16. Failure to Record Proceedings. — The act makes it the 
duty of superintendents to record in full the proceedings of all 
sales of school lands, but it is held by the supreme court {Trustees 
of Schools vs. Allen et al.^ 21s^ lll.^ 120,) that failure to make 
sucb record, provided the lands are legally and fairly sold, doe$ 
not invalidate the title of the purchaser. In the absence oi 
fraud, non-compliance with the unessential and advisory provi 
sions of the act cannot alienate the just rights of the purchaser. 

17. Convpensation. — County superintendents are entitled to 
compensation, as follows : 1. Three per cent, upon amount of all 
sales of school lands, and real estate taken for debt. 2. Two pei 
cent, upon amount of all sums distributed, paid, or loaned out by 
them. 3. At the rate of three dollars per diem for any number 
of days, not exceeding two hundred in any one year, for all servi- 
ces legitimately devolving upon and performed by them as super- 
intendents of schools, except for those services for which they 
are by law entitled to commissions, as above. In visiting schools, 
etc., the time necessarily spent in travel is as much ^ part of the 
"day" for which payment is due, as the time actually spent in the 
school-room, or other business for which the journey is underta- 
ken. Whenever the superintendent appoints a day for the public 
or private examination of teachers, and is present for that purpose 
at the appointed time and place, he is entitled to his per diem, 
whether any person appears for examination or not ; and, in like 
manner, when a superintendent gives public notice that he will 
be in his office on certain stated days, for the examination of 



OFFICIAL AND JUDICIAL DECISIONS. 117 

teachers and the transaction of other public business, and accor- 
dingly remains in his office for that purj)ose, he is entitled to 
the per diem allowed by law, whether any one calls for examina- 
tion, or for the transaction of other public business, or not. This 
is a familiar and wxll established rule in relation to the obligations 
and compensation of public officers. {See remarks on section Yl.) 

18. Whjxt Fines, Forfeitures and Penalties, go to the School 
Fund. — AmoDg the fines, penalties and forfeitures, which, by 
section 82, are required to be paid to the county superintendent 
for the benefit of the school fund, are the following : 1. All fines 
collected by justices of the peace. 2. All fines collected by other 
county officers. These are the sheriff, the probate judge, the 
county court, or board of supervisors — but not the moderator of 
a town meeting. 3. All fines, penalties and forfeitures, imposed 
or incurred in any of the circuit courts of this state. This last is 
by far the most important. It includes, among others, all fines for 
violations of the criminal law. For selling liquor, illegal voting, 
assaults, afirays, contempts, arson, altering marks, removing land- 
marks, assisting prisoner, and so on, for the thousand oftenses 
punished by fines. All forfeitures of recognizances are included. 

19. Dejputies. — The law, section 50, authorizes the county 
superintendent to appoint a board of examiners for the examina- 
tion of teachers, and, of course, to grant certificates upon the re- 
commendation of said board. It would also seem that the super- 
intendent should be warranted in paying his examiners at the 
same rate per day that he would himself be entitled to for the 
same service. This is the only instance in the act where the su- 
perintendent is exjpressly authorized to act by deputy, and it is to 
be regretted that power to so act is given at the very point where, 
above all others, the personal attention of the superintendent is 
most important. It is certain that if authority to examine teach- 
ers by deputies, were not plainly conferred by the statute, it 
could not be done ; for no other duty demands to the same ex- 
tent the exercise of that care, ability and judgment, which the 
superintendent is presumed to possess. It is therefore earnestly 
recommended that authority to examine teachers should not be 
delegated to others, notwithstanding permission to do so is con- 
ferred by law. Let the superintendent himself perform this most 
important duty, except in cases of emergency or necessity. 

Although no direct authority is given to a superintendent to 



118 SCHOOL LAWS OF ILLLN'OIS, WITH 

act by an agent, except in tlie examination of teachers, it can- 
not be donbted that there are services connected with his office 
which may properly be performed by another. There is a fami- 
liar principle which determines what services may be entrusted 
to others, by a public officer. It is this : In aU those duties in 
which a special trust is reposed in the abilities, judgment, skill 
or learning of the officer himself, his powers cannot be delegated ; 
whilst in the discharge of those duties which are of a merely 
clerical, formal or ministerial nature, in which no special confi- 
dence is reposed in the peculiar qualifications of the officer, a 
competent deputy or clerk may be employed. No one supposes 
that a.judge^ for example, can act as such through a deputy. 
On the other hand, in matters purely ministerial, where the law 
prescribes definitely the manner in which the thing must be done, 
such as the extension of taxes, making out collectors' books, re- 
cording of deeds, making up of records, etc., the officer de jure 
is entitled to compensation therefor, although performed by a 
deputy or clerk. 

ISTow, some of the duties of a county superintendent, such as 
the visitation of schools — giving directions in the science, art and 
methods of teaching — advising with school officers — deciding 
questions under the school law, etc., (and, did not the statute 
provide otherwise, the examination of teachers), are in the nature 
of a specia,! trust or confidence in the intelligence, learning and 
judgment of the superintendent himself, and cannot be delegated; 
whilst other duties, such as the collection of statistics — making up 
statistical reports and tables — recording, copying, arranging, ab- 
stracting and filing official papers, etc., may be performed by a 
clerk or deputy, for whose services the superintendent would be 
entitled to the same pay as if performed by himself. 

It seems safe to conclude, therefore, that the idea of a general 
deputy, with power to perform all the duties of the office, is 
wholly incompatible with the intent of the law ; whilst in the 
class of duties above enumerated, ~ the superintendent may em- 
ploy a competent deputy or clerk, for whose services the superin- 
tendent would be entitled to the regular pay, whenever the em- 
ployment of such deputy is necessary, or will promote the inte- 
rests of the schools. And for this purpose the county court or 
board of supervisors may also allow the superintendent additional 
compensation, under sec. Yl of the act, and should do so, when 



OFFICIAL AND JUDICIAL DECISIONS. 119 

necessary to enable him to devote liis special attention to the 
more important educational duties of his office. It is believed 
that in many cases it would be not only advisable, but highly 
advantageous to the schools, for the superintendent to pursue 
such a course. It will enable him to choose the most favorable 
times for the all-important work of school visitation, which chance 
to be the very periods when the statistics are to be collected and 
tabulated for the annual report, and the public funds apportioned 
and paid out. These latter duties could be performed by a deputy, 
while the superintendent is engaged in the more important work 
of visiting the schools, to the great benefit of the public interests. 
Many of the counties are too large for any superintendent to do 
all the work, as it should be done; in such cases the county 
authorities are earnestly urged to afford the needed relief, by a 
suitable appropriation for such services as can be properly per- 
formed by a clerk or deputy. 

20. WJieoi a Purchaser of School Land Borrows his Bid. — 
When the purchaser of common school lands borrows the amount 
of his bid, as authorized by sec. 86, the notes, mortgages, etc., 
given as seijpurity for the money so borrowed, should, I think, be 
made payable to the trustees of the township for whose benefit 
the land is sold, the rate of interest to be determined as provided 
in section 57 of the act. The statute is not explicit as to whether 
the notes should be made payable to the trustees or county super- 
intendent, but a careful examination of the law will, I think, sus- 
tain the foregoing opinion. The notes in question are certainly 
for money "to become due the township", which section 57 de- 
clares " shall be payable to the board of trustees, by their cor- 
porate name". Again, if default is made in the payment of the 
notes, the trustees may bring suit for the recovery of the money, 
(§§ 57 and 62.), and it is reasonable to conclude that the party 
who has the right to sue for the money should be the payee of 
the notes. The county superintendent would seem, in such cases, 
to be merely the agent of the board of trustees. But it is also 
clear that should the notes be made to the county superintendent, 
instead of the trustees, they would nevertheless be "valid to all 
intents and purposes". (§ 57.) 

21. Commissions, How Computed. — By sections 71 and 72, 
county superintendents and township treasurers, are allowed to 
retain, as commissions, "two per cent, upon the amount of all 



120 SCHOOL LAWS OF LLLLNOIS, WITH 

sums distributed, paid or loaned out bj them ". A literal con- 
struction of the language of the law would require the commis- 
sions to be computed on the amount actually disbursed, and not 
upon the whole amount on hand. In other words, that construc- 
tion would require the distribution of a sum which, when in- 
creased bj two per cent, of itself, would equal the whole amount 
on hand. To find the commissions on this principle : divide the 
whole amount by 102 ; the quotient will be the sum to be distri- 
buted, which taken from the whole amount, leaves the commis- 
sions. But the rule sanctioned by universal custom, is, simply 
to deduct two per cent, of the amount on hand, as commissions, 
and distribute the balance. The difference in the results of the 
two modes of computation is unimportant, being less than four 
cents on the one hundred dollars. 

22, Fer Diem Account, How Collected. — The mode of proce- 
dure, nnder sec. 71, in relation to the per diem account of county 
superintendents is not specifically pointed out in the act, but the 
common practice in the state is for the county superintendent to 
present his account, duly certified and sworn to, to the board of 
supervisors, or county court, for then* approval. If approved, 
they instruct their clerk to draw an order for the amount, on the 
county treasurer, in favor of the superintendent, which order con- 
stitutes the proper voucher of the treasurer, who thereupon pays 
the same. This course seems to accord with the spirit and intent 
of the school law, and with the statutes regulating the official ac- 
tion of county treasurers. It is also approved by eminent judi- 
cial authority. It is held, however, by some of our circuit judges, 
that the per diem account can be paid without an order from the 
supervisors or court, the certificate of the superintendent being, 
in their estimation, a sufficient voucher for the treasurer. If the 
treasurer deems the certificate an adequate voucher, he will of 
course act accordingly. This mode of payment is certainly the 
most direct and convenient, and, if satisfactory to the officers con- 
cerned, there can of course be no objection to its adoption. In 
either case, the sworn statement of the county superintendent is 
to be deemed conclusive as to the amount justly due. The ac- 
count, the correctness of which is vouched for by the oath of the 
superintendent, cannot be reduced or changed, except upon proof 
of deliberate falsification or fraud. The law provides that the ac- 
count, the whole amount, when certified and sworn to ^^ shall he 



OFFICIAL AND JUDICIAL DECISIONS. 121 

paid''\ The compensation is inadequate, at best, for the services 
of a faithful and competent superintendent, and payment must be 
fidl and prompt, and should be cheerful^ for, whether appreciated 
or not, the labors of no other county officer do more to promote 
the public welfare. The law itself recognizes the insufficiency of 
the compensation, in the case of able and faithful superintendents, 
by authorizing "additional appropriations" in certain cases — a 
discretion, the exercise of which, in an enlightened and liberal 
spirit, is earnestly recommended to county courts and boards of 
supervisors. 

23. ■ Entitled to Full Amount of Auditor's Warrants. — The 
warrants issued by the auditor of public accounts to county super- 
intendents of schools, upon county collectors, both those for the 
school tax fund and for the interest on the school fund, must in 
all cases be paid in full by said collectors. No deduction can be 
made for commissions. Those warrants are issued simply as a 
matter of convenience, to save the trouble of paying the money 
into the state treasury and then paying it out again to the county 
superintendents of schools. Collectors take receipts of county 
superintendents for the full amount of the warrants paid, and on 
settlement with the auditor they are credited with the full amount 
specified in said receipts, the same as if the money had been 
actually paid into the treasury. County superintendents have 
nothing whatever to do with the commissions of collectors ; said 
commissions are allowed and paid by the auditor on final settle- 
ment of collectors with the state ; and if any collector withholds 
any part of the sum specified in the warrants, on account of com- 
missions, or on any other account, after the amount of said war- 
rants is collected and payable, it is the duty of the superintendent 
to proceed against said collector and his securities, in an action of 
debt, in the county court, which has full and complete jurisdiction 
in the premises. And the collector must pay, as penal damages, 
twelve per centum upon the amount due and in default. ( § TO.) 

24. LiaUe for Loss of Funds. — The supreme court, 30th 111., 
page 99, in reference to the liability of township treasurers for 
the safe-keeping of all funds coming into their hands as such 
treasurers, hold the following strong language : " Township trea- 
surers are made insurers of the funds coming to their possession, 
and nothing should or can excuse them but the act of Cod, or of 
the public enemy. A distinct and well defined liability is im- 



122 SCHOOL LAWS OF ILLINOIS, WITH 

posed on them by statute, and if it be not met, to its fullest extent, 
the fact that the omission occurred from misfeasance, or negli- 
gence, or unavoidable accident^ or b}^ a felony committed hy an- 
other, furnishes no defense to the action on the bond." The offi- 
cial relations of county superintendents to the public funds coming 
into their hands as such, being identical in nature with those of 
township treasurers, the same stringent rule of responsibility ap- 
plies to the former as to the latter — they are equally liable on 
their official bonds for the loss of any trust funds in their hands, 
even though caused by accident or the felony of another. I do 
not see any mode of relief in any such case, except by the special 
interposition of the legislature. In the case of the public funds 
distributed by county superintendents under sec. 16 of the act, 
the liability does not cease with the expiration of the time within 
which it is the duty of township treasurers to call for their re- 
spective amounts, but remains in full force so long as any part of 
said funds remains in their hands. Prudence, therefore, dictates 
that all of said funds, when received and payable, should be paid 
over and receipted for with as little delay as possible. 

25. Security for School Moneys Loaned. — Section 59 of the 
act, in relation to the loaning of school funds by township treas- 
urers, provides that, " in estimating the value of real estate mort- 
gaged to secm'e the payment of money loaned under the provi- 
sions of this law, the value of improvements liable to be destroyed, 
shall not be included''''. Section 19 provides that all school 
moneys loaned by county superintendents, shall be, "upon the 
same security as is provided by this act in relation to the town- 
ship treasurers ". The same rule, therefore, applies to county su- 
perintendents, as to township treasurers, in regard to the kind of 
security that can be taken for school moneys loaned. It must in 
both cases, and in all cases, be real estate, not liable to destruc- 
tion, unincumbered, and in value double the amount loaned. 
Houses, of all kinds, are "liable to be destroyed", hence they 
cannot be included in estimating the value of the real estate given 
as security for funds borrowed from either county superinten- 
dents of schools, or township treasurers. The fact that a build- 
ing may be insured, and that the borrower will assign the policy 
as additional security, does not relax the rigor of the law in the 
case. Experience proves that insurance companies themselves 
are "liable to be destroyed". 



OFFICIAL AND JUDICIAL DECISIONS. 123 

. 26. Entitled to Whole Amount of Fines. — In cases of as- 
sault, tlie complainant is not entitled to any part of the fine, or 
to any pay whatever, except for attendance as a witness. The 
only cases in which the complainant is entitled to one-half the fine 
is in what are known as '^'■qui tarn'''' actions. When a statute im- 
poses a penalty for the doing or not doing an act, and gives part of 
that penalty to whoever will sue for the same, and the other part 
to the commonwealth or to some worthy object or institution, 
and makes said penalty recoverable by action, such actions are 
called "^m2f«m" actions. Hence, unless the statute expressly 
provides for the recovery of penalties by qui tarn actions, the in- 
former or complainant is entitled to no part of the fine. Section 
82 does provide for the recovery, by such actions, of penalties 
against officers failing to pay over fines etc. when collected, and 
also, alternatively, in the case of trespassers on school lands ; but 
the words, "and all other fines, penalties and forfeitures", in said 
section, do not refer to qui tain actions, but to fines etc. recovera- 
ble under the general statutes, and the whole amount of such fines 
must, therefore, when recovered, be paid to the county superin- 
tendent. 

27. Should Not Serve as Toimishi]) Treasurer . — A county su- 
perintendent should not, at the same time, hold the office of 
township treasm-er. It is true that the only express legal restric- 
tion is that the treasurer "shall not be a director or trustee'"'.^ 
( § 32.) But although not contrary to the letter of the law, the 
holding the position of township treasurer by a county superin- 
tendent, is in conflict with the well established principle that the 
same person should not hold two such offices as will oblige him 
to pay over public moneys to himself, and be the judge and cus- 
todian of his own securities and vouchers. This, a county super- 
intendent, acting as township treasurer, would be compelled to 
do. ( §§ 15 and 16.) 

28. May Negotiate Loans in Certain Cases. — When common 
school lands are sold, and the purchaser pays down the price, or 
a part thereof, in cash^ it is the right of the township treasurer 
to demand that the amount so paid shall be turned over to him- 
self, to be loaned ; and it is, of course, the duty of the county 
superintendent to comply. But if the former waives his right to 
receive and loan said funds, and the township trustees request it, 
the county superintendent, acting as the agent of the trustees, 



124 SCHOOL LAWS OF ILLINOIS, WITH 

may negotiate the loan and perform all tlie services connected 
tlierewith, retaining the commissions allowed by law, being the 
same that the treasurer would have been entitled to had the busi- 
ness been transacted by him. The notes, mortgages and other 
securities, in such cases, must be made payable to the board of 
trustees, by their proper corporate name, the same as if the loan 
had been made by the township treasurer, as required by section 
57. ( §§ 57, 58, 62, et al.) 

29 3£ay Examine and Correct School Land Records. — The re- 
cords of the sales of school lands, which are required by section 
14, are of great importance. Harrassing litigation, and vexatious 
uncertainties of title, etc., are sure to result, sooner or latter, un- 
less these records are full and clear. The statute requires them 
to be kept in three well bound books. A book of certilicates and 
plats, a sale book, and a cash book. In violation of this re- 
quirement, it is known to this department that in some counties 
the sale books show but a small part of the actual number of lots 
disposed of; the cash books are incorrect ; and the plats, etc., are 
not recorded in book A, or any other book, but on scraps of pa- 
per and in other unwarrantable forms. Wherever those valuable 
records are found to be in this condition, county superintendents 
will be justifiable in putting them in proper shape, or causing the 
same to be done, and in taking such steps as may be necessary to 
that end, by inspecting the records of other counties, and securing 
reliable data wherever and however it can legitimately be ob- 
tained. 

30. Holds Over in Certain Cases. — "Where a county superinten- 
dent elect, dies before being duly qualified, it would seem, from 
the following considerations, that the former incumbent should 
hold over. The power of a county court or board of supervisors 
to a])j>oint, is conditioned upon there being a vacancy. ( § 13.) 
But if the person elected does not qualify, there is no vacancy, and 
hence the county court or board of supervisors cannot appoint. 
Neither does the law, as I understand it, give the county court 
any authority to order another election. Hence, in such cases 
the former incumbent holds over till the next regular election. 
The foregoing principle has been recognized and applied by some 
of the circuit courts of this state. 

31. Elections in Townships Dividedhy County Lines. — Section 
25 makes it the duty of county superintendents to order elections 



OFFICIAL AND JUDICIAL DECISIONS. 125 

of township trustees when treasurers fail or refuse to do so. In 
townships divided by county lines, the election in such cases may, 
if practicable, be ordered by the two superintendents jointly. If 
this cannot be done, the election may be ordered by the superin- 
tendent of the comity in which the sixteenth section of such 
township is situated. The election cannot be allowed to go by 
default through supposed lack of jurisdiction on the part of the 
respective superintendents. The foregoing rule, in such emer- 
gencies, is sustained by the principle recognized in the last clause 
of the 37th section of the act, and is the only perceivable mode 
of procedure in such cases. 

32. Reports of Justices and Clerhs Under Section 82. — All lines, 
penalties and forfeiture due the school fund, no matter how long 
ago they were imposed or incurred, must, if collected, be paid 
over to the county superintendent, and may be recovered "in a 
qui tarn'''' action, as provided in section 82. But the law requir- 
ing clerks of courts of record, and justices of the peace, to rejport 
the amounts of fines, etc., imposed and collected by them respec- 
tively, should not be construed as retroactive. Said reports can 
only be demanded from and after the passage of the law requiring 
them, to-wit, February 16, 1865. These reports are for the infor- 
mation of county superintendents, to keep them apprised of the 
facts, whatever they may be, in relation to these funds, and said 
reports must therefore be rendered by the first of March every 
year, as required by law, whether any fines, etc., have been im- 
posed and collected, or not. If there have been no transactions 
since former report, it is important for the superintendent to know 
that fact, which the hlank report will show. Superintendents are 
enjoined to see that the reports are promptly rendered, and to pro 
ceed against delinquents as provided by law. "l^To rule of inter 
pretation is better settled than that no statute shall be allowed a 
retrospective operation, unless the will of the legislature to that 
effect is declared in terms so plain and positive as to admit of no 
doubt." {Bruce vs- Schuyler^ 4 Gilm.^ 279.) 

33. Action Under Section 21. — County superintendents must 
see that township reports are returned to them at the time and 
in the manner required by law, and in default should at once pro- 
ceed as required by section 21. If imperfect or erroneous reports 
are made, they should be returned for correction, if the time will 
permit. If there is not time for the return of the reports for cor- 



126 SCHOOL LAWS OF ILLINOIS, WITH 

rection, or if the reports are sent back by the treasurer, still 
imperfect or erroneous, superintendents should send an agent 
into the delinquent township, the same as if no reports had been 
returned. 

34. May he Teachers. — Many county superintendents of schools 
are also engaged in teaching. There is no legal impediment to 
this, the two positions are not incompatible, and, with the inade- 
quate compensation now received by them as superintendents, it 
is absolutely necessary that they should teach, or engage in some 
other remunerative employment, in order to realize an adequate 
income. Since, then, county superintendents may at the same 
time be teachers ; and since every teacher must have a legal cer- 
titicate of qualifications, (§ 52); and since such a certificate can 
only be granted by the superintendent of the county in which 
the school is taught, (§ 50); it follows that a county superintend- 
ent may teach under a certificate signed by himself. In such 
case the certificate should be endorsed by the board of examiners. 
(§50). The signatm'e of the superintendent, under such circum- 
stances, is only a necessary legal formality. There are many 
analogies: a collector must sign his own tax receipt, and be. its 
custodian — a city clerk, if re-elected, must certify to his own elec- 
tion, etc. The best way to avoid the seeming anomaly is for 
superintendents desiring to teach to obtain state certificates, 

35. May Procure and Furnish Office, etc. — It is held that the 
county authorities should provide a suitable office for the use of 
the county superintendent of schools, and supply the same with 
furniture and fixtm-es necessary for the transaction of public busi- 
ness, and the safe keeping of the public moneys, records and pa- 
pers. It is not seen why this should not be done for the super- 
intendent of schools, the same as for other county officers. 
Among the articles necessary for the proper equipment of the 
county superintendent's office, are, a convenient writing desk, or . 
secretary, with as many pigeon-holes as there are townships and 
parts of townships in the county, and enough extra ones for the 
proper classification and filing of miscellaneous papers — one or 
more common tables, and a complement of chairs, for the accom- 
modation of applicants for certificates — a small book case, for 
sample copies of text books, reference books, educational works, 
reports, etc. — good maps of the county and state, etc., etc. If 
the county authorities decline or neglect to provide and furnish 



OFFICIAL AND JUDICIAL DECISIONS. 127 

an office, the superintendent may do it, and pay the necessary 
expense for rent, etc., out of the county fund. He is also author- 
ized to use the same fund for the purchase of all books, blanks, 
postage, stationery and printing, necessarily pertaining to, and 
actually used in, the discharge of his official public duties — provi- 
ded the same are not furnished by the county authorities as afore- 
said. The strictest economy is, however, enjoined, and no ex- 
pense must be charged to the school fund, the incurring of which 
is not clearly legitimate and necessary. For any departures from 
this plain and imperative rule, superintendents will be liable on 
their bonds. All furniture, fixtures, books, etc., belonging to the 
office, must be carefully preserved, and when a county superin- 
tendent is about to turn the same over to his successor, he should 
make an inventory of all such articles as are susceptible of enu- 
meration, and take a receipt therefor, in duplicate, one for his 
own use, the other for file with the county clerk. 



DECISIONS RELATING TO TOWNSHIP TRUSTEES. 

1. Basis of Ajyj^oriionment. — Trustees must apportion school 
funds to districts upon the basis prescribed in section thirty-four 
of the act ; one-half upon census of white children under twenty- 
one, and the other half upon the attendance certified in the sched- 
ules. ISTo other rule or mode of distribution is legal. 

2. Grounds of Claim To. — A six months free school, kept 
according to law, is the only ground upon which a district can 
claim a distributive share of the public school fund. Trustees 
'must withhold the public funds from any district which has not 
complied with this fundamental rule. The rule has reference to 
i\iQ/preceding school year, and does not apply to newly organized 
districts. The school year begins Oct. 1, and ends Sept. 30. If 
any district has a six months school between Oct. 1 and Sept. 30, 
of any school year, that district is entitled to its share of the 
school fund, both on census and schedule, at the April and Octo- 
ber distributions of the following school year. A six months 
school must be kept in each and every year. It will not satisfy 
the law to average the time of two or more years, taking the sur- 
plus months of one year to make good the deficiency of another. 



128 SCHOOL LAWS OF ILLLNOIS, WITH 

To comply witli the law, a school must be kept for six different; 
months in each year. Hence the requu'ement is not satisfied byj 
having two different schools in a district during the same three* 
months. Each school in snch a case mnst cover a period of 
three different months to constitute the legal six months. Since 
only those districts which have complied with the law can receive 
public funds, and, since all the public money on hand must be 
apportioned semi-annually, it follows that a portion of the dis- 
tricts of a township, or even a single district, may be entitled to 
the whole amount of funds on hand ; thus, if but one district in ^ 
a township complies with the law, that district will receive the '■ 
whole distributive fund of the township. 

3. Surjjlus District Funds. — If any district have a surplus of' 
public money remaining after paying schedules and other school 
expenses, said surplus does not go back into the township fund, , 
but belongs to the district, and will be held by the township - 
treasurer subject to the orders of the directors thereof. Money 
once apportioned to a district is ever after subject to the exclusive 
orders of the directors of that district. 

4. Funds of Townships lying partly in two Counties.- — When 
a township lies partly in two or more counties, and the treasm-er ■ 
receives public money from the superintendents of each county, 
the funds so received should be merged and treated as one common 
fund. It is clear from the 3-±th section of the act that in the dis- 
tribution of the state, county and township funds, every township ^ 
is to be taken as a unit, and the distribution must be made to all 
the districts which have had schools according to law, without 
regard to county lines. Trustees cannot cause the portion of 
county fund received from each superintendent to be expended 
exclusively in that part of the township which lies in the county ; 
of that superintendent, but must make one common fund of the 
amount so received, and distribute as aforesaid. The apportion- i 
ment being made under one uniform state law, the accidents of ,i 
county lines are not to be taken into the account. The case of 
swamp land funds, which have recently accrued in some of the 
counties, seems to form an exception, and the only one, to the 
foregoing rule. The interest of such funds may be apportioned 
exclusively to the districts of that part of the township which is 
in the county having such swamp land fund, when specifically so 
ordered by the county court or board of supervisors. These are 



OFFICIAL AlH) JUDICIAL DECISIONS. 129 

special cases. But the swamp land commissioner should not pay 
the money to the directors, but to the township treasurer, to be 
by him distributed to the districts of the proper county. Direc- 
tors are not authorized to act as the custodians of that fund, or 
any other. When the swamp land fund is placed in the hands 
of the county superintendent, to be by him invested, and the in- 
terest to be distributed with the other state and county fund, the 
same rule may be observed with reference to townships divided by 
county lines as when the interest of the fund is paid by the swamp 
land commissioner directly to the respective township treasurers. 
And to this end, said fund should, in such cases, be kept separate 
by the county superintendent, so that treasurers of factional town- 
ship, may pay out said fund to the proper districts only. 

5. Trustees Cannot Borrow Township Funds. — There can be 
no question but that the loaning of any portion of the school fund 
under the control of the trustees, by themselves, to one or more 
of their own number, is wholly without any sanction of law. It 
brings their individual interests in conflict with their trust duties, 
and, aside from the express provisions of the 42d section of the 
act, is contrary to the general principles of law governing trust 
relations and official conduct. Such a transaction is of the nature 
of a " contract, " in the sense of the statute, and, as such, is expli- 
citly prohibited in the 4r2d section of the law. ( Moore v. School 
Trustees, 1^ III., 86.) 

6. Division of District Funds and Property. — No division 
of school funds or property is to be made by the trustees unless 
a new district is formed. If a portion of territory is cut off from 
one district and attached to another, thereby changing the boun- 
daries, without establishing a new district, no division of funds 
or property can lawfully be made. This applies also to the case 
of the dissolution of a district, by attaching one portion of it to 
one adjoining district, and the other portion of it to another ad- 
joining district, thereby abohshing the first named district. In 
such case, each of the adjoining districts will take what falls to it 
by the division line of the trustees, and no more. JNTo other dis- 
tribution of the property of the divided district should.^be made. 
The house, etc., belongs to the district to which it falls Iby the ac- 
tion of the trustees. As neither of the two districts has any claim 
to the school property of the other district, the one to which the 
said property does not fall, has no right to complain : while the 

—10 



130 SCHOOL LAWS OF ILLES^OIS, WITH 

one to' which said property does fall, should be thankful for 
its good fortune. When a new district is formed, all funds 
on hand must be distributed at the time such new district is 
formed, and all funds due, but not yet paid in, must be divided 
as soon as received ; and the distribution, in both cases, must be 
made in proportion to the amount of taxes collected from the 
property remaining in each district. "When a new district is 
formed, the school 2^''^operty, such as houses, sites, etc., must be 
appraised, and the value thereof apportioned among the several 
districts in proportion to the amount of taxable property remain- 
ing in each district. The law requires a promj)t division of funds 
and apportionment of the value of school property. The ap- 
praisal and apportionment of the value of school property should 
be made at the time the new district is formed, and unless such 
appraisal and apportionment is made within three Tnonths, it is 
barred by law, and the parties cannot thereafter demand the apprai- 
sal and division of said property. For refusal to make the appraisal 
and distribution required by law, the trustees are liable. ( § Y6.) 
It will be observed that funds and property must be apportioned 
by different rules — the former on the basis of taxes collected, 
and the latter on that of the taxable property remaining in each 
district. These rules of distribution must be strictly adhered to. 
When a new district is formed by consolidation of two or more 
districts, the new district so formed owns all the corporate funds 
and property of the constitutent districts. ( § 33.) Where a 
school house belongs to a district, but not the site on which it 
stands, the appraised value of said house must be apportioned as 
above. The fact that the district does not own the site, does not 
release it from the obligation to divide the value of the house 
which it does own, and which both districts helped to build. After 
the school property is appraised and apportioned as aforesaid, it 
is optional with the directors of the district in which the school 
house and other property is situated, to retain the same, and levy 
a tax upon their district to pay the amount due the other district, 
or to cause the same to be sold and the proceeds to be apportioned 
as aforesaid. Should they elect to retain the property and fail or 
refuse to levy the amount due the other district, the trustees of 
the township must sell said property by auction or otherwise, and 
divide the proceeds as aforesaid. Or the directors may be com- 
pelled, by writ of mandamus^ to levy the necessary tax. (§49.) 



OFFICIAL AND JUDICIAL DECISIONS. 131 

Y. Formation of Districts and Change of District Boundaries. 
Anthofity to lay off townships into school districts ; to form new- 
districts ; and to alter or change the boundaries of districts after 
they have been established, is vested by law in boards of town- 
ship trustees. In deciding this point, the supreme court hold 
the following conclusive language : 

"No vote of the people ; no petition is required ; but the trus- 
tees are peremptorily required to lay off the township into dis- 
tricts ; and they are directed, in so doing, to suit the wishes and 
convenience of the inhabitants of the township. There being no 
mode provided by the act by which this is to be accomplished, 
the board must necessarily take the responsibility of deciding the 
question, acting upon the best lights before them, and exercising 
"their best judgment. They must perform that duty ; and their 
honest action cannot in this manner be inquired into ; and the 
power to alter and change districts, when once established, is ex- 
pressly given to the trustees, by the same section — the only limita- 
tion being, that it shall be done at a regular meeting of the board." 

"While no change or alteration can be made in the boundaries 
of school districts, except at a regular session, yet if a proposition 
to alter or change a district is presented at such regular meeting, 
but not acted on, for want of time or other sufficient reasons, such 
proposition may be taken up and disposed of at an adjourned 
meeting. Such an adjourned meeting is to be regarded as merely 
a continuation of the regular session. But no proposition to change 
the boundaries of districts can be considered or acted upon by the 
trustees at auy adjomiied meeting, unless said proposition was 
first submitted to them at a regular semi-annual meeting. The 
regular meetings of trustees may be continued from day to day, 
or adjourned to be held at any other time. Trustees are author- 
ized to divide their townships into one or more school districts, 
being governed in the number of such districts only by what the 
best interests of the township seem, in their judgment, to require. 
Districts may be established, composed of parts of two or more 
adjoining townships or counties ; in which case the concurrence of 
the trustees of the interested townships is necessary ; but, when 
such districts are formed, they cannot be changed without the 
consent of a majority of the trustees of each township. The 
same parties whose concurrence is required in the formation of 
such districts, must concur also in the dissolution or change of 
such districts. It is not necessary that the several boards of trus- 
tees meet together in joint session in order to "concur" in the 



132 SCHOOL LATVS OF ILLIXOIS, WITH 

sense of the act ; all that is essential is that each board should 
agree to the proposed action. {Jletz v. Anderson, 23 III., 463.) 
8. /Schedules — Six Months Rule — Day of Apportionment. — 
Trustees are personally liable for any loss resulting from their 
neglect to apportion upon a schedule before them which has been 
legally accredited by the directors and filed with the township 
treasurer. It is their duty to allow every schedule so reported 
and filed, its just share in the apportionment of the public funds 
in proportion to the attendance certified, except in cases of mani- 
fest deception or fraud, which always vitiates. Trustees have no 
more right to cut down the schedules to an average of six months, 
than they have to prescribe a uniform rate of teachers' wages in 
the township. They must apportion one-half by schedule, no 
matter whether one district has had more school than another, or 
not — that is no afl:air of the trustees, so far as dividing the money 
is concerned. Xor does it concern the trustees whether a special 
tax will be necessary or not, in each district ; that is the business 
of the directors. Each schedule must receive full credit for the 
" attendance certified," whether it be ten days, or ten thousand. 
One-half is apportioned upon the census, for the benefit of the 
weaker districts, where the attendance is less, and schools cannot 
be sustained more than six months in a year — ^the other half, 
upon the schedules, to encourage a full attendance, and longer 
terms of school. It is by no means the intention of the law to 
limit the term of school to six months, but to promote extension 
beyond that time, and as an incentive to this, each district has the 
benefit of such extension, in the increased sum apportioned upon 
schedule. This wise and excellent provision would be of no ef- 
fect, if any board of trustees could, at will, cut down all the sched- 
ules to a minimum average, or to any other average. It is sup- 
posed by some that trustees cannot apportion funds on schedules 
covering a less period than six months. This is an error, and 
arises from a misapprehension of the law requiring a six months 
school. The six mouths school may be taught at any time during 
the year^ — either in six consecutive months, or at different times 
in the year, and the trustees must apportion the funds upon all 
schedules which are returned in time, without regard to the num- 
ber of months embraced in each of such schedules. The time 
for the return of schedules, and for the apportionment of the 
school fund upon them, is fixed by law and cannot be changed. 



OFFICIAL AJiiTD JUDICIAL DECISIONS, 133 

Trustees mnst distribute tlie funds upon the very day prescribed 
in the act, and must exclude from such apportionment all sched- 
ules not returned to them at the proper time. They have no dis- 
cretion in the premises. The duties and powers of trustees of 
schools in the distribution of the school fund are regulated by 
legislative enactment. In that respect they have no discretion 
whatever. They must distribute this fund at the time and to the 
persons, and for the purposes directed. They are compelled to 
pursue the requirements of the law. Any schedule not deliver- 
ed to the township treasurer at least two days before the first 
Monday in April and October, may be rejected. The law fixes 
the time for the return of schedules, and the trustees may lawfully 
"refuse to accept any that are not returned by that time. {Thomas 
V. Trustees of Schools, 16 III., 163. Cotton v. Trustees, etc., 20 
111., 607. School Law, §§ 53 and 54.) 

9. Trustees may Re-sell Torfeited School Lands. — When de- 
fault is made in the payments due for school lands sold, and, to 
secure the townships, the trustees purchase such lands and se- 
cure the title in their corporate name, when said lands are re- 
sold, the trustees are the proper persons to mate such sale. This 
will appear from the following considerations : 

Prior to the original sale, the title vests in the state. The first 
sale can only be made by the county superintendent. The origi- 
nal purchasers can only obtain their patents from the state, 
through the superintendent. But after the original sales have 
been efifected, and patents have been issued to the purchasers, 
and the title of the state has thus been alienated, it would seem 
to follow that the jurisdiction of the superintendent ceases. The 
state, which the superintendent represented, and for which he 
acted, having now conveyed its title, and vested the same in the 
purchasers, the official relation of the county superintendent to 
the land terminates — ^his agency is no longer needed. The own- 
ers of the land have now a perfect title, and may, therefore, grant 
a good title to those purchasing from them. The trustees having 
bought in the land and acquired title in the manner aforesaid, 
may undoubtedly re-sell and convey, in their corporate name, as 
aforesaid. The law is everywhere very careful to protect school 
funds. No costs are allowed in any suit for the recovery of the 
school fund or any interest due thereon, when such suit is unsuc- 
cessful. The land in question has been once sold by the super- 



13i SCHOOL LAWS OF ILLINOIS, "VNTTH 

intendent — lie has had his commissions for selling it. If he may 
sell and re-sell the same piece of land, over and over again, there 
would be no limit to the amount of his commissions. It cannot 
be supjDOsed that the law contemplates more than one commis- 
sion to the same officer for selling the same piece of land. If the 
t'imstees sell, no additional cost will be incurred, for the law does 
not entitle them to pay for that service. Sections 90 and 91, do 
not describe this case — they refer to the unsold lands; this is 
forleited land. The power to sell is clearly given to the trustees, 
in the 41st section of the act. To accord with the spirit of the 
law, therefore, the proper construction in all cases embraced 
within the present inquiry, would seem to be : That forfeited 
lands, within two years fi'om valuation, should be sold by the 
trustees, at that valuation — and, that alter two years, they should 
be ao-ain valued, without petition, and sold by the trustees. 
(§§83 to 96.) 

10. Payment of Treasurers as Clerics. — Boards of trustees 
must make a reasonable allowance annually to township treasu- 
rers, for their clerical services, to be paid out of the township 
fund. The amount so allowed must be deducted from the town- 
ship funds, in addition to the several amounts specified in section 
34 of the act, before the apportionment is made to districts. 
(§§ 34 and 72.) 

11. Title to School Property. — The title of all school houses, 
sites, and other property, is by law expressly vested in the board 
of trustees, in their corporate name, and aU deeds and convey- 
ances of such property, must be made to the trustees for the 
benefit of the district. School directors cannot legally receive 
and hold such deeds and conveyances. In like manner all dona- 
tions, grants or demises, made for the benefit of any district, 
should be conveyed through the township trustees. ( § 2>^.) 

12. Who may Sell and Convey. — It follows from the prece- 
dino' decision that when, in the opinion of school du-ectors, the 
school house, or site, or other school property, becomes unneces- 
sary, unsuitable or inconvenient, the township trustees must sell 
and convey the same, and place the proceeds to the credit of said 
district. As the directors do not hold the title, they cannot sell 
the property. When district property is sold and conveyed by 
the trustees as aforesaid, the conveyance must be executed by the 
president and clerk of said board of trustees. ( § 39.) 



OFFICIAL AND JUDICIAL DECISIONS. 135 

13. Special District Taxes. — Township trustees have no con- 
trol whatever over special district taxes levied by orders of direc- 
tors for the benefit of their particular district. All such taxes 
are paid by the collectors directly to the township treasurer, and 
by him passe^l to the credit of the proper district, and paid out on 
the order of the directors thereof. (§ 45.) 

14. Trustees to talce Census of Children. — As one-half of the 
township fund is to be divided among the districts in proportion 
to the number of children under twenty- one years of age in each, 
it is important to know upon whom the law devolves the duty of 
taking such enumeration. This duty is unquestionably devolved 
by law upon the townshi]) trustees.^ who must either take said cen- 
sus, or cause the same to be done by the township treasurer, or 
such other person as they may appoint. The trustees alone are 
by law responsible. ( §§ 16, 21, 36, 37, 76, etc.) As school di- 
rectors have a deeper concern than any others, in the taking of 
the census, it is presumed that they will generally be willing to 
perform the duty, if appointed by the trustees. 

15. designation. — When township trustees resign, which 
they may do at any time, their resignations should be tendered in 
writing and delivered to a member of the board, or to the clerk, 
so that there may be due evidence of the fact, and that immediate 
steps may be taken to fill the vacancy. The persistent refusal of 
a township trustee to serve may be regarded as equivalent to a 
resignation ; or, he may be compelled by mandamus to discharge 
the duties required of him by law. 

16. 3lust Pay Over Funds. — Township trustees must cause 
all moneys for the use of the township to be paid over to the 
township treasurer ; he is the only legal custodian of said funds, 
and he only is under bonds for their security. The retaining of 
any portion of such funds in their own hands, by the trustees, or 
permitting the same to be retained or held by any other person, 
except the township treasurer, is a violation of law for -^hich 
they are liable. ( §§ 40, 62, et al.) 

17. Must Sell Lands hy Fullic Auction. — All lands coming 
into the possession of township trustees must, when sold, be ap- 
praised and sold by public auction, the same as common school 
lands ; they cannot legally be sold at private sale. In all such 
cases the trustees are the proper persons to advertise the sale, 
since the title vests in them. They may employ the services of 



136 SCHOOL LAWS OF ILLINOIS, "WITH 

the county superintendent as their agent to conduct the sale and 
make out the papers, etc., if they see fit ; but the duty of the 
trustees to advertise and their right as trustees to sell, are too 
plain for doubt. (§§ 41, and 83 to 96.) 

18. No Petition Necessary. — "When trustees of schools fore- 
close a mortgage and obtain a master's deed to a piece of land, 
they may sell said land at any time, by giving the notice re- 
quired in section 87. ISTo petition of the inhabitants of the town- 
ship is necessary. A petition is required in order to sell the 16th, 
or common school section, but in no other case. ( § 41.) 

19. Cannot Withdraw Funds from Treasurer. — Township 
trustees have no right whatever to withdraw the bonds, 
notes, mortgages, moneys and effects, denominated the principal 
of the township fund, nor the funds subject to distribution, from 
the custody of the township treasurer, and deposit the same in a 
bank, or other place of supposed greater safety, or for any other 
purpose.. If they do, they are individually liable in case of loss. 
By section 62, the treasurer, upon the execution and approval of 
his bond, '■''shall demand., recei'oe., and safely Iceep, all moneys, 
books and papers of every description belonging to his town- 
ship." Section 40 declares that trustees '''•shall cause all moneys, 
etc., to be paid over to the township treasurer." The safety of 
the funds and effects of the township is in the sufficiency of the 
treasurer's penal bond, and of his securities ; not in the supposed 
material strength of the place of deposit. The treasurer takes 
that risk. If trustees take an insufficient bond, or accept in- 
adequate securities, section 74 makes them individually liable. 
They may increase the securities to any necessary extent, but 
they cannot withdraw the funds and papers. 

20. Cannot Release Securities on Treasurer'' s Bond. — Township 
trustees have no power whatever to release the securities of a 
township treasurer from their liability on his bond. If suit is 
brought against a township treasurer, by action of debt on his 
bond, and judgment is obtained and execution issued, and no 
property of treasurer is found out of which to make the debt, 
and recourse is had upon the property of his bondsmen, the 
trustees cannot, under any circumstances whatever, make an or- 
der releasing said bondsmen, and requiring the officer to desist 
from making the money out of their property. By so doing they 
become themselves liable, jointly and severally, in an action on 



OFFICIAL AISTD JUDICIAL DECISIONS. ] 37 

the case, for the whole amount of the debt, lost by their official 
misconduct ; and the same can be recovered in an action brought 
by the county superintendent, for the use of the proper town- 
ship. A creditor cannot release one of two joint debtors and 
retain a legal obligation against the other. This the law will 
allow no ingenuity of language to effect. It is either a release of 
both, or it is of no benefit to either. ( Rice v. Webster et al.y 18 
111, 332. School Law, 1865, §§ 64, 74,' etc) 

21. Apportionment of Funds— How and When. — One-half of 
the funds on hand the first Monday of April, in any year, must 
be apportioned upon schedules of schools taught since the first 
Monday of the preceding October ; and one-half of the money on 
hand on the first Monday of October, of any year, must be appor- 
tioned upon schedules of schools taught since the first Monday of 
the preceding April. The trustees, at their meeting the first Mon- 
day of April, have no right to make distribution upon the sched- 
ule of any school taught prior to the first Monday of the preced- 
ing October. All schedules made between the first Monday of 
October, and the ensuing April meeting of the trustees, must be 
presented at said April meeting, and distribution made thereon, 
or they are barred by limitation ; and so of all schedules made be- 
tween the first Monday of April and the ensuing October meet- 
iug of the trustees ; they must be acted upon at said meeting, or 
not at all. 

The six months rule of the law, having reference always to the 
preceding school year, and the school year always beginning Oc- 
tober 1, and ending September 30, the trustees can always know, 
with absolute certainty, whether any given district is, or is not, 
entitled to its distributive share of the public fund. When a 
schedule is presented to the board, on the first Monday of April, 
the trustees have simply to see whether the district from which 
said schedule came, had, or had not, maintained a six months 
school during the school year ending the 30th day of the preced- 
ing September. This they can ascertain from the schedules on 
file in the ofiice of the township treasurer. In a word, any dis- 
trict having a six months school during the school year ending 
September 30 of any year, is entitled to its distributive share of 
public funds, both upon census, and upon any and all schedules 
presented, the following April or October. 

Ko apportionment can ever be made upon the same schedule 



138 SCHOOL LAWS OF ILLINOIS, WITH 

hut once. Bj apportionment is meant tlie ascertaining, from the 
attendance certified in the schedules, what portion of the pubhc 
funds each district is entitled to. It does not mean 'payment^ but 
division, or distribution, preparatory to payment. The trustees 
apportion the funds; the treasurer pays them out, upon the orders 
of the directors. When apportionment has once been made upon 
a given schedule, that ends the matter, the trustees can never use 
said schedule again ; it is dead, and must be filed away by the 
treasurer among the other dead papers of his office. It is of no 
further account or value, except as evidence of past transactions, 
for which purpose alone it is preserved among the other archives 
of the treasurer's office. Schedules must be filed with the town- 
ship treasurer on or before the day fixed by law, viz, two days 
before the first Monday in April and October. The language is 
peremptory. {Cotton v. Reed et al., 20 III., 608. School Laio 
1865, §§ 53 a7id 54.) 

22. May Teach in Township). — It is held that a township 
trustee may lawfully teach a school in his own township. It is 
not in conflict with any provision of the school law, properly in- 
terpreted. 

23. Appraisal of School Property. — As stated elsewhere in 
this work, no division of funds or property is required when a 
portion of territory is detached from one district and attached to 
another, but only when a new district is established. When a 
new district is formed, the law, (§ 33), makes it the duty of 
the township) trustees to appraise the school property of the old 
district or districts, but does not specify the particular manner in 
which it shall be done. It is only provided that it shall be done 
"in a just and equitable manner." The object is simply to make 
a fair estimate of the present vcdue of the school property. Of 
course the directors and people of the district owning the pro- 
perty, are the most interested parties. If they are satisfied to 
allow the trustees to set a value on the property, as is generaUy 
the case, and as the law contemplates, weU and good. If not, 
then the following is suggested as convenient and equitable : 
Let the trustees select some disinterested person as an appraiser ; 
let the directors of the district owning the property, select a second 
person ; and they two a third. A similar course may be pursued, 
if necessary, when the new district is formed out of parts of two 
or more districts ; or out of territory lying in more than one town- 



OFFICIAL AND JUDICIAL DECISIONS. 



139 



ship. It is due to the people of the old district, and to fairness, 
that the appraisers should all be free from any personal interest 
or bias in the matter. After the present worth of the property 
is determined, the law prescribes the basis upon which said esti- 
mated value shall be distributed between the two (or more) dis- 
tricts, viz : "in proportion to the amount of taxable property re- 
maining in each." 

The appraisement, in whatever manner the trustees may make 
it or cause it to be made, is final and conchisive, as is also the 
distribution of the appraised value among the districts concerned. 
After the whole matter has been determined and adjusted by the 
trustees, it is optional with the directors of the district in which 
the school house is situated, to accept the terms proposed, or not. 
If they accept, they must pay the other district the sum adjudged 
to be its due, or levy a tax for that purpose, if necessary. If they 
refuse to accept the terms within the time fixed by law, (three 
months), or, after having accepted them, neglect or refuse to pay 
or to provide for the payment of what is due the other district, 
then the trustees may order the whole property sold by auction 
to the highest bidder, and divide the proceeds of the sale between 
the districts, on the basis provided by law. Or the recusant di- 
rectors may be compelled, by writ of mandamus, on the suit of 
the trustees, to levy a tax sufficient to pay what is due the other 
district. (§4:9.) School houses and sites, and all other school 
property belonging to a district at the time of its division, are 
held to come within the meaning of the term "property," as used 
in section 33. The appraisal and division must be made within 
three months from the formation of the new district. 

24. Failure to Organize in Ten Days. — The provision of the 
23d section of the act w^hich requires trustees elect to meet, organ- 
ize, draw lots, etc., within ten days, is to be understood as advi- 
sory, not mandatory. That is, if the election was legally conduc- 
ted, failure to meet and organize within ten days does not make 
the election void; the trustees elect are legally in office and must 
be recognized as such. Failure to meet in ten days does not, 
ipso facto, vacate their offices, or authorize the treasurer to order 
another election. The object of the meeting is to determine their 
respective terms of office, etc., not to qualify for office. If the 
statute made the drawing of lots within ten days a condition of 
holding the office of trustee, non-compliance would vacate the 



140 



SCHOOL LAWS OF ILLINOIS, WITH 



office. But the law imposes no sucli condition ; tlie requirement 
to meet in ten clays is for a wholly different purpose, and while 
failure to do so renders the trustees elect liable to the penalties 
prescribed for non-performance of duty, (§76), it does not vitiate 
the election, or work a forfeiture of office. The right to hold said 
office is conferred by the election. After the poll book and cer- 
tificate of the judges have been dehvered to the county superin- 
tendent, the persons therein named are legally trustees of schools, 
to all intents and purposes, and can only cease to be such by 
death, resignation, or the setting aside of the election by due 
course of law. 

25. May Purdmse Books, etc., for Districts.— li is impera- 
tively necessary that every board of school directors should have 
suitable books, blanks, etc., for the proper transaction of the pub-: 
lie business of their respective districts. This embraces whatever 
is necessary for keeping a faithful and uniform record of their 
official proceedings and financial accounts, or for instruction in 
regard to their public duties. By section 42, directors are author- 
ized and required to procure such books, and pay for them out 
of the district funds. If they neglect or refuse to do so, it is held 
that the township trustees, in virtue of their general supervisory 
relations and duties to the school interests of the whole township, 
may procure the necessary books, etc., and deduct the cost of 
the same from the township fund, prior to distribution. It would 
secure uniformity in the business records of the districts, while 
the cost to each district would be less than if each district pro- 
cured its own, as the books can always be obtained cheaper by 
the quantity. But the right of the trustees to purchase accrues 
only upon the refusal or neglect of the directors, and must be re- 
stricted to articles authorized or warranted by law. 

26. Cannot Loan Distributable Funds. — Funds liable to dis- 
tribution cannot be loaned by the trustees under any circumstan- 
ces. Section (SQ of the new school law is clear and positive on 
that point. After moneys have once been apportioned, they 
must remain subject to the order of the proper district, or, if for 
any reason, such as the disorganization of a district, etc., funds so 
apportioned should not be called for, they must be re-apportioned 
to the other districts— they cannot be loaned as principal. On 
the other hand, no part of the principal of the township fund can 
be distributed or used under any circumstances whatever. (§ QQ.) 



OFFICIAL AND JCTDICIAL DECISIONS. 14:1 

27. May Bemove Treasurer. — Tlie statute gives to tlie trustees 
power to remove the treasurer at pleasure, and the appointment 
of another person is, of itself a removal of the incumbent from 
that office. {School Law 1865, §§ 32 and 40. Holhrook et al. v. 
iTownship Trustees, 22 III., 5M.) 

28. Two Members a Quorum. — The law ( § 32) constitutes 
two members of the board of trustees a quorum to transact busi- 
juess, and when they concur in any act which the board may 
legally perform, no reason is perceived why the act is not as 
legally binding as if all were present. When the legislature de- 
signated that number as a quorum for the transaction of business, 
it conferred upon them full power to perform all the duties of the 
board. If a legal act is concurred in by two members, said act 
cannot be inquired into on the ground that the third member was 
not notified, or that there was a vacancy in the board, or that it 
was not done at a stated or special meeting duly called by the 
proper officers or persons. Eegularity of procedure in other re- 
spects must be presumed from the fact of concurrence by a legal 
quorum. {Sohofield et al. v. Watkins et al. 22 III., 72.) 

29. Liabilities. — For each and every failure to discharge the 
duties enjoined upon them, or either of them, at the time and in 
the manner required by the provisions of the law, township trus- 
tees are liable to a fine of twenty-five dollars ; and for each and 
every failure or refusal to make due returns of the number of 
children in their township, as required by law ; and for every 
false return, knowingly made, the trustee, or trustees, so offend- 
ing, are liable to a special penalty of not less than ten dollars, nor 
more than one hundred dollars ; and township trustees are also 
liable, jointly and severally, for the sufficiency of the securities 
taken from township treasurers. ( §§ 74 and 76.) 



DECISIONS RELATING TO TOWNSHIP TKEASUEEKS. 

1. Township Treasurer'' 8 Bond. — Every township treasurer, 
before entering upon his duties, must execute a bond. If a treas- 
urer serve two years and is re-appointed, he must execute a new 
bond. If he resign or is removed, and another treasurer is ap. 
pointed, said treasurer must execute a new bond. Every bond 



142 SCHOOL LAWS OF ILLINOIS, WITH 

must have at least two responsible freeholders as securities, who 
shall not be members of the board of trustees. Every bond 

1-3 

must be approved and accepted bj at least two members of the | 
board of trustees. The penalty of every bond must be at least 
twice the amount of the moneys, notes, mortgages and effects in 
the custody, or to be in the custody, of the township treasurer. 
Township treasurers are appointed for tv^o years, and until their 
successors are appointed. [School Law, section 32.) When a new 
board of trustees is elected, the old treasurer continues in office 
unless said board see fit to appoint a successor, in which case the 
successor so appointed must execute a new hand and will hold the 
office for two years from date of apj) ointment, or until his successor 
is appointed and qualified, as aforesaid. It will thus be seen that 
it is ojptional with a new board of trustees to appoint a new treas- 
urer, or continue the old one ; and if they decide to make no 
change, then the former treasurer goes right on the same as if no 
new board had been elected. No appointment, or re-appointment 
is required until the expiration of the two years for which the 
treasurer gave bonds. The two years always date from appoint- 
ment, and not from the election of trustees. A neiu treasurer 
must always execute a nevj hond, and all bonds must be renewed 
every two years. ( § 55.) 

2. Form of Bond. — Every township treasurer's bond must be 
in the form prescribed by law. ( § 55.) In the second line of 
the form of bond the blank after the words " unto the board of" 
should be filled as foUows : " Trustees of schools of township 
'^o. — , Eange No. — ;" giving definitely the township and range. 
The blank is sometimes filled with the single word " Trustees," 
which is too vague. There are a great many boards of trustees in 
the county; and unless the blank is filled with a complete descrip- 
tion of the township, as above suggested, there is nothing to show 
the particular board of trustees to whom the treasurer is holden, 
nor what particular board would be authorized to sue him on his ' 
bond for malfeasance in office, as provided in section 64, et al. 
The blank in the second line of the form, should, therefore, be 
filled as specifically as that in the eighth line, that the identity of 
the two may be manifest. 

3. Must he Executed or Renewed Before Funds Can he 
Paid. — The due execution and approval of a bond, and delivery 
of the same to the county superintendent, are conditions prece- 



OFFICIAL AISTD JUDICIAL DECISIONS. 143 

dent to the lawful payment of any scliool funds to a township 
treasurer. The language of the law is, "that no part of the 
state, county, or other school fund, shall be paid to any township 
treasurer, or other person authorized by said treasurer, unless 
said township treasurer has filed his bond as required by the 
fifty-fifth section of the act, nor, in case said treasurer is re-ap- 
pointed by the trustees, unless he shall have renewed his bond 
and filed the same as aforesaid." ( § 16.) 

4. Must Demand and Keep Township Funds. — It is the 
right and duty of township treasm^ers to demand that all moneys, 
books and papers of every description, belonging to his town- 
ship, be delivered to. him, and he must receive and safely keep 
the same according to law. ( § 62.) 

5. Are the Legal Custodians of all District Funds. — Town- 
ship treasurers are the legal custodians, not only of all township 
funds, but of all district funds, including money borrowed under 
section 47 ; and such district funds must therefore be left in their 
hands until they are drawn out, upon legal orders of the direc- 
tors. ISTo money can legally reach the directors or their credi- 
tors, through any other channel than the township treasurer. He 
is the only township school officer who is under penal bonds for 
the safe keeping of the funds. The practice, therefore, of pre- 
senting orders for district tax money, to the town or county col- 
lector, and drawing payment thereon, before the money has 
l^assed into the hands of the township treasurer, is in direct con- 
flict with both the spirit and letter of the law, as expressed in 
sections 34, 40 and 45, of the act, and must be discontinued. It 
is a manifest infringement of the official rights and duties of the 
township treasurer — is often unjust to a portion of the districts in 
the township, and is fraught with danger to the safety of the funds. 

6. Must Keep Funds at Interest. — Township treasurers are 
required to keep the principal of their respective township 
funds constantly loaned at interest, and no part of said principal 
can be permitted to remain unproductive, without a violation of 
law. (§62.) 

7. May Loan Funds at from Six to Ten Per Cent. — Town- 
ship treasurers are authorized to loan the principal of the town- 
ship fund, at a rate of interest not less than six per cent., nor 
more than ten per cent, per annum, payable half-yearly in ad- 
vance. No action of the board of trustees is necessary to war- 



144: SCHOOL LAWS OF ILLINOIS, WITH 

rant loans at ten per cent., that being the maximum rate allowed 
by law ; but no loans can be made at a rate of interest less than 
ten per cent., without the apj)roval of a majority of the board of 
trustees, by whom such less rate must be determined. Loans 
heretofore made, at less than ten per cent., under instructions to 
that effect from this oflice, were legalized by the late legislature. 
{§5Y.) 

8. May Loan to Boards of School Directors. — Township 
treasm'ers are authorized, when, in their estimation, the same shall 
be deemed expedient, and for the best interests of the township 
funds, to loan said funds, or any part thereof, to boards of school 
directors, in their corporate name, taking bonds therefor, as pro- 
vided m section 47 of the act ; but except to boards of school 
directors, as aforesaid, no loans can be made except upon the se- 
curities prescribed in section 57 of the act ; nor is there any war- 
rant of law whatever for the investment of the township fund, or 
any part thereof, in government bonds, local war bonds, ar any 
other description of bonds. (§ 57.) In case of loans to school 
directors, the interest must be paid semi-annually in advance, the 
same as in other cases. The intention of the ])Toviso to section 
57, is simply to allow township treasurers to make loans to boards 
of directors, as corporations, which they could not previously do, 
and to receive district bonds as security, instead of notes and 
mortgages. It is not the object of said proviso to authorize any 
change in the rate of interest, or the manner of paying the same, 
which said section elsewhere provides shall be half-yearly, in ad- 
vance. 

9. Cannot Borrow Township Funds. — That township treas- 
urers should not and can not lawfully become borrowers of the 
school funds of the townships of which they are treasurers, will 
appear from the following considerations : The township treas- 
urer is the agent of the board of trustees, through whom alone 
all loans must be effected and all contracts connected therewith 
be .executed. (§ 57.) In all valid contracts there must be at 
least two parties — one empowered to negotiate, the other com- 
petent to be negotiated with. These two parties cannot be 
identical, nor the powers of each be merged in the same person. 
This would be a contradiction in terms, and subversive of the 
primary rules of mutual obligation. Kot only is there no one 
with whom the treasurer can lawfidly make the contract in loan- 



OFFICIAL AND JUDICIAL DECISIONS. 145 

ing to himself, but another difficulty presents itself. The execu- 
tion of securities may be denied by plea of non est factum. In 
such case the testimony of the township treasurer is conclusive 
as proof that the securities were duly executed. But suppose 
that plea is made by the township treasurer himself in denial of 
the execution of his own securities as a borrower of the fund ; 
how or by whom shall the township prove them ? "What recourse 
would there be in such an emergency ? All books, notes, bonds, 
mortgages, and all other evidences of indebtedness belonging to 
the township, are by law, in the exclusive custody of the treas- 
urer, who is required to safely keep the same, and to lay them 
before the trustees at their semi-annual meetings. (§§ 62 and 
58.) If, therefore, the treasurer loans the funds to himself, he 
must keep and hold all of his own notes and other written secu- 
rities. But this would aflbrd strong temptation to fraud, and be 
in direct conflict with the familiar doctrine in equity that temp- 
tation should be removed, and a constant sense of personal re- 
sponsibility be kept alive. This principle applies to all who, like 
the township treasurer, act in a fiduciary capacity. The treasurer 
must demand all moneys, papers, etc., belonging to the township. 
(§ 62.) Can he make this demand of himself? And, if it should 
be essential, how shall such demand be proved ? Again : If ad- 
ditional securities shall be required by the trustees lor the pay- 
ment of money loaned, section 60 commands the treasurer to in- 
stitute suit for the recovery of principal and interest. Can he 
institute proceedings against himself? If not, how shall the ad- 
ditional security be obtained and the interest of the township be 
protected ? Is protection to be found in the official bond of the 
treasurer ? Certainly not. The bond simply obligates the treas- 
urer to discharge all the duties of his office according to law. To 
hold that the treasurer can go on and borrow the township funds 
on said bond, without giving the securities required in section 
58, would surely be the extreme of absurdity. The only ground 
on whi<;h the treasurer would be liable on his bond, in the premi- 
ses, would be that of illegal conduct in loaning the funds to him- 
self; but this would be fatal to the assumed right in question, 
and conclusively sustain the position here taken, that such loans 
are not legal, for that cannot be lawful, for doing which an officer 
would be liable on his own bond. Again : If default be made 
in the payment of the half-yearly interest due on township loans, 
—11 



146 SCHOOL LAWS OF ILLINOIS, WITH 

section 61 commands the treasurer to bring appropriate action for 
the recovery of said interest ; and the question arises, as before, 
shall he sue himself? If he cannot bring an action against him- 
self to recover the principal as required in section 60, neither can 
he, to recover the interest as required in section 61 ; the reasons 
applicable to the former case are, mutato nomiine^ just as appli- 
cable to the latter. The treasurer is the creature and agent of the 
trustees ; and if thej may loan to him, or allow him to loan to 
himself, it is difficult to see why he may not loan to them, or 
allow them to loan to themselves or to each other; and thus 
every vestige of security for the money would be gone; the 
township officers might speculate in the school funds without let 
or hindrance ; the desire to get control of the money would in- 
cite to fraud and corruption in the election of trustees and the 
appointment of treasurers; avarice, bribery, dishonesty, and de- 
ceit, would mark the history of the management of the funds, 
and the beneficent purpose of the legislature be utterly defeated. 
Courts of equity will scrupulously examine the conduct of per- 
sons acting in fiduciary or trust capacities, to see that the property 
confided to their care is protected from waste. Moore v. School 
Trustees, 19 111, 86.) 

10. Liable for Loss of Funds. — Township treasurers are 
held to a stringent liability for the safe custody of all the funds, 
assets, and other property of the township, entrusted to them by 
the board of trustees and the inhabitants of the township. The 
liability of the treasurer arises out of his official bond. By that 
bond he makes an express contract with the trustees that he will 
keep safely the moneys that shall come into his hands, and con- 
siderations of public policy forbid that he should be permitted to 
avail himself of any extraneous fact outside of the condition of 
the bond. Every treasurer well knows and understands the con- 
tract he enters into, and the extent of the obligation he voluntari- 
ly incurs, and he obtains the consideration of the contract, viz ': j 
The possession of the office with the emoluments attached to it. * 
the contract being absolute, there is no principle on which a 
treasurer can be released from his obligation for the loss of town- 
ship funds entrusted to him. Public policy demands that deposi- ' 
taries of the public money should be held to the most rigid ac- 
countability within the terms and scope of their covenants. They 
well know the hazards to which they are exposed, and they vol- 



OFEICIAL AND JUDICIAL DECISIONS. 147 

untari] J assume the risks, and are paid for so doing. Township 
treasurers are made insurers of the funds coming into tlieir pos- 
session, and nothing should excuse them but tlie act of Grod, or 
the public enemy. A distinct and well defined liability is im- 
posed on them by statute, and, if it be not met to its fullest extent, 
the omission, whether resulting from misfeasance or negligence, 
or unavoidable accident, or by felony committed by another, fur- 
nishes no defence against an action on the bond. {Andreia J. 
llioinpson et al, v. Township Trustees, 30 Til., 99.) 

If directors borrow money, (§4:7,) but do not place it in the 
treasurer's hands, he is not liable, of course, for any loss of said 
money; nor can he demand commissions on said funds, or on 
any others not paid over to and disbursed by him. 

11. To Loan Funds Received from Sale of School Lands. — 
By section 62 of the act, township treasurers are required to de- 
mand and receive all moneys, etc., belonging to their townships ; 
and by the same section they are required to keep the townshio 
funds loaned at interest. It follows from the above provisions, 
that when the purchaser of school land pays the full price there- 
of to the county superintendent in cash, said superintendent 
should not loan the money, but pay it over, on demand, to the 
treasurer of the township in which the land was sold, to be loaned 
by him. 

12. Must Distribute Interest, etc. — The principal only of the 
township fund can be loaned. ITo part of the interest or other 
income accruing from said principal can be added thereto, but all 
of such income must be distributed in the same manner as the 
state and county funds are distributed. The law upon this point 
is peremptory, declaring that the interest, rents, issues and profits 
arising and accruing from the principal of the township fund, 
shall be distributed in the manner and at the times provided by 
law, and that no part of such interest, rents, issues and profits, 
shall be carried to the principal. ( § ^^^ 

13. No Distinction to he Made in Funds. — Township treas- 
urers will make no distinction between the funds apportioned to 
[districts upon census of children, and upon schedules. The whole 

must be placed to the credit of the several districts, and held, on 
precisely the same conditions, subject to be paid out on orders 
drawn by the directors. The object of the legislature, in pre- 
scribing this basis of apportionment, was to benefit sparsely set- 



14:8 SCHOOL LAWS OF ILLINOIS, WITH 

tied districts, wliicli caunot have as many montlis school in a year 
as districts in towns and villages — not to create two distinct funds 
subject to different regulations. In like manner, if a township 
lies pai'tly in two different counties, and the treasurer receives a 
certain sum. from each county superintendent, the funds so re- 
ceived must be merged and treated as one fund, the same as if 
the township lay wholly within the same county. ( §§ 34, 37 and 
io.) 

14. Must Fay on Order of Directors. — Funds accrcdng from 
special taxes, levied by orders of school directors, and funds 
arising from the sale of property belonging to school districts, do 
not pass through the hands of the township trustees, but are paid 
directly to the township treasurer, who must pay them out, at any 
time, upon the presentation of proper orders from the dii'ectors. 
State, county and township funds, must first be duly apportioned 
by the trustees, after which they also must be paid out upon the 
orders of the directors. TThenever there is a balance in the 
hands of a township treasurer to the credit of a district, said bal- 
ance, or any part thereof must, in like manner, be paid out at any 
time upon presentation of legal orders from the directors. But if 
a district has no funds to its credit, in the hands of the township 
treasurer, the latter cannot, of course, honor any order drawn by 
the directors of said district, nor can the directors of said district 
lawfully draw any order on the treasurer in such case until their 
schedule has been filed, and apportionment made, as required in 
the last clause of section 53 of the act. Township treasm-ers must 
be careful to cash no orders unless legally drawn, and duly sign- 
ed. All orders must be in vpriting — must specity the particular 
use or purpose to which the money is to be applied — and must 
be signed by the president and clerk of the board of directors, or 
by a majority of said board. Treasurers will reject aU orders 
which do not C(»nform to these conditions. For all orders receipts 
mast be taken, and said orders and receipts must be carefully 
filed in the office of the township treasurer. Funds must in no 
case be paid out on verbal orders. 

For refusal to pay any just and legal order of a board of di- 
rectors, funds being in his hands belonging to the district, suf- 
ficient therefor, the township treasurer is hable to an action to 
compel him to pay such order ; which action may be brought by 
the' directors, in their corporate name, against both the trustees 



OTnCIAL A2s~D .jrDICIAL DECISIOIS'S. 149 

and treasurer. But it is cleai-ly the intention of the la\r, (section 
67) that orders shall be drawn in favor of third parties, or the 
persons to whom the money is actually due, and tor iadebted- 
ness already incurred, and that treasurers should pay the money 
to such actual creditors directly, and not to the directors them- 
selves. There may be special cases in which a different course 
would be justifiable, but the foregoing is the plain intention of 
the law, and the only safe course. If funds may be drawn from 
the ti'easurer before due, and to he expended at some fdtttre time, 
it is plain that aE the funds of the district might be so transferred 
from the treasurer to the directors, and the protection afforded by 
the bond of the treasurer be wholly lost, for school directors are 
not authorized to act as the custodians of any school fands what- 
ever. There would be no certain check against the conversion of 
the funds of the district to the private use or benefit of the di- 
rectors. An interpretation that is liable to these grave objec- 
tions cannot be the true one. 

15. 2lay Institute Suit. — ^If default be' made by the borrower 
in the payment of interest or principal, the township treasnrer 
may institute suit for the recovery of the same without an order 
from 'the board of trustees. It is to be presumed that he will 
avail himself of the advice and approval of the trustees, and ob- 
tain an order from them before commencing an action : bnt such 
are his legal relations and obligations to the township fund that, 
when circumstances reqnire. he may. 1 think, proceed in the 
premises without a formal order Ironi the board of trustees. This 
is evident from section 61 of the act, which makes it the dnty of 
the treasurer to proceed to the collection of all claims due the 

- township, when they mature ; and if any loss accrues from his 
neglect iu this particular, he and his securities become liable (see 
§ 64), unless he acted, or was warranted in his failure to act, by 
an order of the board of trustees, entered upon their journal and 
subscribed by the president and clerk ; in which case, if loss 
accrues, the trnstees become responsible. In case of loss by the 
neglect, he is responsible for failing to collect, in proper time, 
the debts due the township, unless he was ordered, in the manner 
prescribed above, not to collect. { §§ 61 and 64.) 

16. Interest on Balances due Teachers. — 'By section 54 of 
the act, teachers' schedules are declared payable on the first 
Mondays of Apnl and October of each year, and any portion 



150 SCHOOL LAWS OF ILLINOIS, WITH 

of the amount certified in said schedules to be due, and re- 
maining unpaid, after said dates, draws interest at the rate of ten 
per cent, per annum until paid. And township treasurers are re- 
quired to allow and pay said rate of interest upon all such un- 
paid balances ; and they are further required to pay said bal- 
ances and the interest accruing thereon, out of the first moneys 
in their hands, or coming into their hands, to the credit of the 
proper district, and not otherwise specifically appropriated. Jus- 
tice to teachers, whose contracts are, at best, but credit contracts, 
as well as the positive requirements of law, demand the prompt 
liquidation of unpaid schedules, with accrued interest as aforesaid, 
A schedule thus certified is a liquidated account, and, in contem- 
plation of law and the contract between the directors and the 
teacher, should be paid at the time provided by law for the dis- 
tribution of school funds, unless they otherwise agree or contract. 
The directors who make the contract with the teacher have the 
power to provide the means of payment, and are supposed to con- 
tract with reference to the means to be at their disposal at the 
time when, by the contract, the teacher should be paid. If they 
have been negligent in providing the means, or if there has been 
default in collecting, or if from any other cause they are unable 
to pay at the proper time, they stand, in their corporate capacity, 
like other debtors, and should pay interest. Their liability, how- 
ever, is a corporate liability, and not a personal liability ; and the 
interest should be paid, with the principal, out of the funds be- 
longing to the district. All orders drawn by directors for such 
unpaid balances due teachers, must include the accrued interest 
thereon. 

IT. Must settle with Directors. — Township treasurers must 
furnish, on demand, to each board of directors in their respective 
townships, on the first Mondays of April and October of every 
year, a written statement or exhibit, showing the condition of the 
account of each district, and the amount of funds in their hands, 
as shown by their books, to the credit of and belonging to each 
district respectively. Said statement must be duly certified and 
signed by the township treasurer in his official capacity, and, for 
failino- or refusino^ to render such statement, on demand^ treasurers 
are liable to the penalties provided in the act for neglect of official 
duty. (§ 63.) 

18. Fay for Clerical Services. — It is the right of township 



OFFICIAL AND JUDICIAL DECISIONS. 151 

treasurers to demand, and the duty of boards of trustees to allow, 
a fair and reasonable amount annually, for their services as clerks 
of said boards, t© be paid out of the township funds. The 
amount so allowed should be deducted by the trustees before ma- 
king the apportionment required by section 34. The duty of 
trustees to make an appropriation as aforesaid, is as peremptory 
as any other duty enjoined upon them by law, and in default 
they are liable, and treasurers have redress. (§ 72.) 

19. Garnishee of Money Due on Schedules, — Creditors of 
teachers have raised the question whether money due on sched- 
ules — both schedules and money being in the hands of the treas- 
urer — can be taken by the garnishee process. There is no 
authoritative decision of our courts directly upon the question. 
Some of our circuit courts have held that money in the hands 
of a school treasurer, unappropriated to a particular creditor or 
on a designated schedule, could not be garnisheed. Others have 
held that if the money has been appropriated to the payment of 
a particular schedule it may be garnisheed. It must remain for 
the courts to determine under what circumstances, if any, money 
due teachers can be garnisheed. 

20. Schedules Known to he Illegal or Fraudulent may he Re- 
jected.- — If directors employ a teacher who has not a certificate, 
as required by law, and the treasurer knows the fact, yet the di- 
rectors certify to his schedule, the treasurer cannot pay it. It 
would be a case of open violation of a positive requirement of the 
law, and should not be overlooked. Known and palpable fraud 
always vitiates. This does not conflict with the decision else- 
where given, that treasurers cannot, as a general rule, go behind 
a schedule and traverse the certificate of the directors. Known 
deception, or violation of law, cannot be disregarded. 

21. Must File Permits of Transfer. — Under the amended 
law, written permissions allowing the transfer of pupils from one 
district to another must be tiled with the township^reasurer, in- 
stead of the teacher as heretofore ; and, as such permits now con- 
stitute the only evidence of consent, they must be carefully pre- 
served by township treasurers, for their guidance in the payment 
or rejection of separate schedules. Schedules of transferred pu- 
pils cannot hereafter be accepted and paid without such written 
evidence of consent, of which fact treasurers should notify the di- 
rectors of their townships, that, having due notice, they may 



152 SCHOOL LAWS OF ILLINOIS, WITH 

govern themselves accordingly. The written permits are a con- 
dition precedent, and should be filed as aforesaid before the pu- 
pils are received into the school of the district to which they are 
transferred. This is the plain requirement of the law, by a strict 
compliance with which all doubt in respect to the payment of 
separate schedules will be removed. (§ 35.) 

22, Sejparate Schedules. — Where schools are composed of 
pupils from different districts, the amount certified in each sepa- 
rate schedule to be due must be computed upon the basis of the 
total number of days' attendance of all the schedules of said 
school. Should the whole amount due the teacher be inserted in 
each of such separate schedules, or should the amount certified 
be computed upon any other basis than that fixed by law, town- 
ship treasurers, knowing such to be the fact, may reject such 
schedules. Separate schedules made out and returned according 
to law, and the several amounts computed and certified as afore- 
said, must be accepted and paid as promptly as the regular sched- 
ules of the district in which the school is taught, (§ 35.) 

23, Must Change Map., etc. — The mode of forming union 
districts is clearly pointed out in section 35 of the amended law. 
Upon receiving a certified fecord of the proceedings prescribed in 
said section, the action of the board of school directors should be 
immediately recognized by the trustees, and the township treasurer 
must change the map of the township in accordance with said 
action, and file said map with the clerk of the county court, as 
required by law. After the necessary steps have been taken by 
the board of directors, as aforesaid, the trustees and treasurer can 
not neglect, refuse, or delay to ratffy the action of the directors, 
by altering the township map and filing the same, as aforesaid. 
( § 35.) But even if the trustees should refuse to change the map 
of the township, in accordance with the act of consolidation, under 
section 35, the validity of that act would not be thereby impaired, 
it being complete and conclusive in itself; for, the object in requi- 
ring a plat of the district to be furnished, properly certified, to the 
county clerk, is to enable the clerk correctly to extend the tax 
against the tax-payers of the district, and the provision is only direc- 
tory.^ and it can form no objection in a collateral proceeding. 
{Munsonvs. Minor ^ 22 lU.^ 597.) 

24, Town'ihijp Reports. — The statistical report, required by 
section 36 of the act, must be prepared by the board of trustees, 



OFFICIAL AND JUDICIAL DECISIONS. 153 

or they must cause tlie same to be done. The trustees have a 
right to require the township treasurer to furnish said report, and 
they do in fact, as a general rule, impose that duty upon him. 
Among the items that must always be embraced in said statisti- 
cal report, is the enumeration of persons under twenty-one years 
of age, a knowledge of which is essential to enable the trustees to 
apportion one-half of the school fund among the districts. Said 
statistical report is required to be made annually, and as the treas- 
urer retains a copy thereof, the trustees can never be without the 
latest enumeration upon which to make the apportionment afore- 
said. It will thus be seen, and must be distinctly understood, 
that the duty of taking the census of children under twenty-one 
years of age, or causing the same to be done, is imposed by law 
upon the trustees, and not upon boards of directors, and that the 
trustees may lawfully require that duty to be performed by the 
township treasurer. A separate enumeration of persons under 
twenty-one must be made for each district. The vital importance 
of the punctuaUrendition of said report and enumeration will be 
seeii from the heavy penalty consequent upon failure, being no 
less than the forfeiture of the whole of the public funds for the 
next ensuing year. The forfeiture here prescribed will not be 
enforced for default heretofore made in rendering said annual re- 
ports, for the reason that the requirements of the amended law 
were not generally known, but in future, township trustees and 
treasurers will be held to a strict accountability, and must not 
expect to escape the legal consequences of their neglect. (§ 36. ) 

25. To Order JElections. — If a board of school directors fail to 
give the required notice of election, and no election for directors 
is held on the first Monday of August, the township treasurer 
must, within ten days thereafter, order such election. He must 
also order an election, as aforesaid, to fill vacancies in boards of 
directors, when the latter fail to order such election as required 
bylaw. (§42.) 

26. Must Deliver CertiJiGates to County ClerTc. — By section 44 
of the new law the tax certificates of school directors, with lists of 
resident tax-payers, are required to be delivered to township treas- 
urers, instead of the county clerk, as heretofore, and township 
treasurers must deliver the same, after due examination and the 
correction of errors, if any, to the clerk of the county court, on or 
before the second Monday of September, annually. The day up- 



154: SCHOOL LAWS OF ILLINOIS, WITH 

on or before which said certificates must be filed with township 
treasm-ers is fixed by law, and said treasurers may refuse to re- 
ceive any returns made to them after the first Monday of Sep- 
tember, just as the county clerk may reject certificates delivered 
to him after the second Monday of September. If directors fail 
in their duty they are responsible ; if treasurers receive the certi- 
ficates in season, and fail to deliver them to the county clerk in 
time, they are responsible. It is essential to the validity of a 
school tax, that it be certified to the county clerk by the day de- 
signated by law. {Covjgill v. Long, 15 III., 202.) Whenever 
changes have occurred in the boundaries of districts since the last 
return, township treasurers must file with the county clerk, with 
the certificates aforesaid, a new map of their township showing 
such changes. (§ 44.) 

27. Miist Insjpect Becords. — Directors are required to submit 
their records to the township treasurer, for his inspection, on the 
first Mondays of April and October, and at such other times as he 
may require. It is hoped that treasm-ers wiU fa'thfuUy perform 
this duty, and do aU they can by their aid and advice to bring 
about a uniform and reliable system of district records. They 
will be more than repaid in the increased facilities afi"orded them 
in making out their annual reports to the school commissioner. 
(§42.) 

28. Schedules to he Filed and Preserved. — Towhship treas- 
urers are required to "receive and safely lieep, according to law, 
aU books and papers of every description belonging to their 
townships." Among the "papers" included in the requu-ement 
are teachers' schedules, which must not, therefore, be destroyed, 
but carefully filed and preserved. They form a part of the 
official documents of the treasurer's office, and their preservation 
may be, hereafter, of much legal and historical importance. 
Should the accumulation of schedules become inconveniently 
large, they may be boxed up, so as to occupy but little space, and 
laid away properly labeled. Other old papers may be disposed 
of in the same manner ; but no official papers can lawfully be 
destroyed. 

29. Failure or Refusal to Turn Over Funds and Pajpers to 
Successors. — When a township treasm-er resigns, or is removed, or 
when his term of service expires, he is required, by section 65, 
to turn over to his successor all funds, books and papers, belong- 



OFFICIAL AND JUDICIAL DECISIONS, 155 

ing to the township. His official bond, (section 55), is also ex- '' 
pressly so conditioned. If he fail to comply with this obligation, 
and neglect or refuse to turn over all moneys and papers to his 
successor, he is not only liable on his official bond, but also to a 
separate and special "penalty of not less than ten nor more than 
one hundred dollars ;" the payment of which leaves him still 
liable, as fully as before, upon his official bond, (Section 65,) 
In case suit should be necessary to compel the treasurer to turn 
over the funds and papers of the township to his successor as 
aforesaid, it should be brought by the townshvp trustees^ in their 
corporate name, in an action of debt, or replevin, or both. 
Township treasurers are made insurers of the funds coming into 
their possession, and nothing should or can excuse them but the 
act of God, or of the public enemy. Another duty no less im- 
perative, is, that they will deliver to their successors in office all 
moneys, etc., in their hands as such township treasurers, 
{TJiomson v. Trustees^ 30 III. 99.) 

30. Purchaser of School Lomd may he Treasurer. — The stat- 
ute, section 32, provides that the person appointed township treas- 
urer "shall not be a director or trustee." There is no other 
restriction. The prohibition is limited to those two classes — di- 
rectors and trustees. Any other person, who can give bonds 
with the necessary security, may be appon ted township treasurer. 
Of course, therefore, a person who has purchased school land and 
given his note and executed a mortgage therefore, is not thereby 
disqualified for holding the office of treasurer. The only ques- 
tion is one of prudence and sound policy. Since such a person 
would have the care and custody of his own note, his appoint- 
ment as treasurer, though legal, would not be advisable. 

31, Renewal of Notes. — Township funds cannot be loaned for 
less than six months, or more than five years. In respect to se- 
curity the statute provides for two classes of cases : One hundred 
dollars, or less, may be loaned for one year, or less, upon person- 
al security ; two responsible names being sufficient : For all oth- 
er loans, the notes must be secured by mortgage on unincum- 
bered real estate, in value double the amount loaned. The se- 
curities of these notes are in all cases holden until the notes are 
paid and canceled. Bat it is the duty of the treasurer to require 
every note to be renewed at maturity, or a new one be executed, 
so that the securities may be released if they wish to be. If he 



156 SCHOOL LAWS OF ILLINOIS, WITH 

fail to do so, and loss result from sucli failure, lie is liable on Ms 
bond, unless he was instructed or authorized in his course by the 
board of trustees. Parties, who, as securities, become liable joint- 
\j and severally with the maker of a note, have a right to expect 
release at the expiration Of the time for which the note was given, 
and it is unjust not to affv>rd them the opportunity. They allow 
the use of their names for a limited time only. JSTo man would 
assume the obligations of suretyship upon any other condition. 

The continued pre-payment of interest on a note does not give 
the borrower a legal claim to keep the money beyond the time 
specified in the note, but the principal may be sued for and col- 
lected at any time after due, noth withstanding the tender and ac- 
ceptance of further advance interest. But the debtor would in 
that case be entitled, on final settlement, to a deduction equal to 
the amount of interest overpaid. If a note is not paid at maturity 
the borrower is in default, and an action may be brought at once 
thereafter, and at any time thereafter, to enforce payment thereof. 
The right to bring suit is not waived or impaired by the payment 
of further installments of advance interest, nor does such further 
payment of interest confer upon the borrower a legal claim to the 
use of the principal for another six months. Default begins and 
the right to sue accrues from and after the time for which the 
money was loaned and the note was given. {Sections 57, 61, 64, 
et at.) Treasurers must be careful not to extend the time for the 
payment of a note, or make any alterations in its terms and condi- 
tions, without the full knowledge and consent of both principal 
and sureties. By so doing the sureties may be released and the 
debt lost. {Gardiner v. Earbaek, 21 III, 130.) 

32. Mortgages how Canceled. — When a mortgage, given to 
secure payment of school funds, is paid, it may be canceled by 
the township treasurer, as the legal representative of the trustees, 
by simply entering satisfaction upon the margin of the record, in 
the recorder's office. Or the treasurer may grant a release, under 
his seal and signature, as the legal representative of the trustees, 
as aforesaid. Every mortgagee of real estate, his assignee or 
other legal representative, having receiv^ed full satisfaction and 
payment of all such sum or sums of money as are really due to 
him or her from the morgagor, shall, at the request of the mort- 
gagor, enter satisfaction upon the margin of the record of such 
mortgage in the recorder's office, which shall forever thereafter 



OFFICIAL AND JUDICIAL DECISIONS, 157 

discharge and release the same, and shall bar all actions or suits 
brought, or to be brought, thereupon. Or it shall be deemed a 
sufficient release and extinction of any mortgage granted upon 
any real estate, if the mortgagee, his or her legal representative 
or assigns, shall grant a fall release of the same under his, her or 
their seal and signature, in the presence of an attesting witness, 
and acknowledge the execution of such release in the same man- 
ner, and under the same restrictions, in which deeds are acknowl- 
edged by the existing laws of the state. {Scates' Comp. 9T6.) 

33. Commissions of Treasurers. — Section 34 directs town- 
ship trustees to allow and set apart to the township treasurer two 
per cent, of the gross aitiount of state, county and township funds 
on hand, on the first Mondays of April and October. This re- 
quirement is peremptory ; the trustees have no discretion in the 
matter. The treasurer's per centage on these funds must be de- 
ducted before any apportionment is made to the district; for, 
"of the r^m(2wi<:Z6r, one-half shall be divided among the districts," 
etc. But section 72 provides that "township treasurers shall be 
allowed to retain two per cent, upon all sums paid out or loaned 
by them, including moneys raised by virtue of any district tax." 
Here are two conflicting rules of law in respect to the commis- 
sions of treasurers. One is general, applying to ^'•all sums" in 
the treasurer's hands. The other is limited, applying only to 
public, or "state, county and township funds." By section 72, the 
treasurer can retain two per cent, upon those sums only which he 
actually '■'■^pays out f his commissions depend upon the amount 
dishursed^ and accrue only when disbursements are made. By 
section 34, on the other hand, he gets his per centage on the pub- 
lic funds, hefore they are paid out, unconditionally ; for the 
province of the trustees is simply to apportion the public funds 
among the districts, that is, to determine the amount to which 
each district is entitled. They do not pay out the funds at all ; 
that is done by the treasurer exclusively, upOn the orders of the 
directors. To reconcile these diverse provisions of the statute, it 
is necessary to discriminate between the public, or state, county 
and township funds, and special district tax funds. In the case 
of the former, the treasurer will receive his per centage in ad- 
vance, as directed in section 34 ; and, in his accounts with the 
districts, he must keep the public fund, distributed by the trus- 
tees, separate from the district tax fund, so as not to charge two 



15S SCHOOIi LAWS OF ILLINOIS, WITH 

commissions upon the same funds. Since he gets his commis- 
sions in full on that fund, at the time it is apportioned by the 
trustees, he must not of course charge another commission upon 
the same money when paid out on the orders of directors. In 
the case of special district tax funds, and of loaning the principal 
of the township fund, on the other hand, the township treasurer 
must only retain his two per cent, upon the sums actually j>aid 
out or loaned. It is to be regretted that the rule laid down in 
section 72, does not govern the whole subject of treasurers' com- 
missions. It is clearly contrary to the intention of the law, to 
take more than one commission for handling the same money, 
and a better and safer rule would be for the treasurer in all cases 
to re'ain two per cent, upon the amount of all orders actually 
paid, and all sums loaned. But section 34 is too plain for doubt, 
and we must take the law as it is. The practice of many treasurers 
is to keep a careful record of all funds paid out, and to settle their 
commissions account semi-annually, or yearly, by simply credit- 
ing themselves with two per cent, upon the aggregate amount of 
orders. paid during that period. That course is right and proper, 
and makes the whole matter plain, and is therefore commended 
to all township treasurers. 

34. Over-Payment of a District. — In case a township treasu- 
rer over-pays a district, through inadvertence or otherwise, and 
the fact of such over-payment is apparent from the records, said 
treasurer, or his successor, may retain the amount so over-paid, 
from the first funds due, or to become due, said district, and 
apportion the same to the other districts of the township, to which 
it of right belongs, making the proper entry in his books. 

35. To Withhold Funds. — Districts which failed to maintain 
six months school the preceding school year, cannot share in 
the distribution of the public funds, either on census or schedule, 
unless the forfeiture is remitted by competent authority. Town- 
ship treasurers must enforce this require. nent of the law, and 
witldiold the funds from such districts. The schedules on file 
will show if the rule has been complied with. Treasurers will 
be governed by the lunar month principle, unless the teacher 
and directors cordracted on the calendar month principle. That 
is, the schedules must show one hundred and twenty days taught, 
including authorized holidays, to entitle a district to public funds. 
But if the contract, in a given district, was for six calendar months, 



OFFICIAL AND JUDICIAL DECISIOlSrS. 159 

then the schedules must show that the school was kept all the 
days of the six months embraced in the schedules, except the Sat- 
urdays and Sundays. In either case all authorized holidays must 
be counted as days taught. Most of the public schools of this 
state, and of other states, are conducted on the lunar month prin- 
ciple, and it will be so understood by treasurers in deciding 
whether a given district has, or has not, sustained a six months' 
school, unless, as aforesaid, a different rule was agreed upon by 
the parties. Subject to the above directions, treasurers must in- 
sist upon full compliance with the six months' rule. It must be 
enforced. A district forfeits the funds by falling short one day, 
as certainly as if it fell short a month, and the funds must be 
withheld in the one case as much as in the other, unless the for- 
feiture is remitted, as aforesaid. {8ee decisions relating to teachers^ 

36. Computation of /w^SeriSS^^.^Considerable confusion and 
doubt have existed among treasurers and others relative to the 
true method of proceeding under section 61 of the act, where the 
interest or principal (or both) of school money loaned, is not paid 
when due, or has to be collected by law. The meaning of the 
law, and the duty of parties interested, will appear from the fol- 
lowing analysis : 

Three cases may arise : First, where the interest only is in de- 
fault; second, where the principal is only in default; and, third, 
where both principal and interest are in default. If the interest 
only is in default, twelve percent, per annum must be assessed upon 
said interest, from the day of default. Thus, if a note is given 
for one hundred dollars, for one year, at ten per cent., and the 
interest is a year in default, the amount of interest due by law is 
$10, added to twelve per cent, of $10, or $11.20. If the princi- 
pal only is in default, 12 per cent, per annum must be assessed 
upon said principal from the day of default. Thus, if the above 
mentioned note should be collected a year after maturity, there 
would be due $100, added to 12 per cent, of $100, or $112. 

If both interest and principal are in default, there will be due, 
1st, The interest of the note from date to maturity; 2nd, Twelve 
per cent, per annum upon that interest; 3rd, The piincipal of the 
note; 4th, Twelve per cent, per annum upon that principal, from 
due till paid. Thus, if both interest and principal of the aforesaid 
note should remain wholly unpaid for two years, there would be 
due. the interest for one year ($10), and 12 per cent, of that inter- 



160 SCHOOL LAWS OF ILLINOIS, WITH 

est ($1,20), and the principal, (|100), and 12 per cent, of tliat 
principal for one year, ($12). Adding these several sums togeth- 
er gives $123.20, tire full amount due on final settlement. Pro- 
ceed in tlie same way in any other case. 

A general rule, when both interest and principal are in default, 
is as follows : 1 : Find the interest on the note from date to ma- 
tiirity, at the given rate per annum, and to said interest add 12 
per cent, per annum thereof. 2: Find 12 per cent, per annum 
of the principal from maturity to settlement^ and add the same to 
said principal. 3 : Add the sums obtained under the two fore- 
going heads, and the result will be the amount due on final set- 
tlement. In other words, to the j)rinci2?al of the note add as fol- 
lows : 1 : Interest at the rate prescribed in the note, from date to 
maturity. 2 : Twelve per cent, per annum of said interest. 3 : 
Twelve per cent, per annum on said principal from maturity to 
settlement. 

This opinion of the true intent and meanirg of the 61st sec- 
tion of the school law is sustained by the highest judicial authority. 
The supreme court, in the case of Trustees of School v. William 
Bibb, (ll III., 371), decided that twelve per cent, only was to be 
charged upon the defaulted interest, when doe and unpaid, and 
also upon principal, when due and payable. The court say : 

"Two classes of cases are embraced by this act ; one, where interest is due 
and unpaid ; the other, where principal is due and payable. In the former 
case, the amount of unpaid interest bears interest at the rate of 12 per cent, per 
annum ; and it may be sued for and recovered in a separate action. In the 
latter case, the principal debt bears interest at the rate of 12 per cent, per 
annum, from the time it falls due. The provisions of this act do not apply to 
the principal when the debtor is in no default respecting it. It is only when 
the principal is due and payable that the rate of interest iipon it is increased. 
This, we are satisfied, was the real intention of the Legislature, although it 
must be admitted that the intention is not as clearly expressed as in the act of 
1835. A different construction would render the law highly penal in its char- 
acter. If 12 per cent, interest was to be charged upon the principal on every 
failure to make a payment of interest, it would operate very severely upon the 
debtor. Loans are made for five years ; and the penalty for failing to pay a 
few installments of interest might exceed the principal debt. Such a construc- 
tion ought not to be put upon the law, unless it manifestly appears that it was- 
the design of the legislature." 

37. Hoiv to -Report Districts in Certain Cases. — A district is 
the smallest unit of territory known to th&ifchool law. Hence, 
however a distiict may have been formed, whether by the direct- 
ors, under section 35, or by the trustees, under section 33 — and 
however lai-ge it may be, whether consisting of one section of 
land, or of the whole township — and by whatsoever name it may 
be known, as, "union district", or otherwise— in each and every 



OFFICIAL AND JUDICIAL DECISIONS. 161 

case it must be reported by the township treasurer as one district. 
Thus, if three districts are consolidated by the directors, under 
section 35, the treasurer must thereafter report the whole as one 
district, and not as three districts. The legal definition of a school 
district being a portion of territory duly set off for school purposes, 
and controlled, when organized, by a board of three directors. 
Every such portion of territory must therefore be considered and 
treated as a unit, regardless of the mode of its formation, or its 
territorial extent. 

When a district lies partly in different townships or counties, 
the location of the school house should determine where said dis- 
trict shall be reported. This is the simplest rule. And it is not 
inequitable, because the house is generally in the township or 
county which contains the greatest portion of the territory of said 
district. It is not necessary or practicable to make returns of 
fractional districts. Thus if a district lies partly in two town- 
ships, it should be reported by the treasurer of the township in 
which its school house is situated, and not by the other treasurer; 
and if it lies partly in two counties, the treasurer will report it to 
the superintendent of the county in which the school house is, 
and not to the other superintendent. By this rule no district can 
be enumerated twice, and the report of this office will show the 
exact number of school districts in the state. 

This decision relates exclusively to the enumeration of districts, 
as such ; not to the statistics of those districts, such as the number 
of scholars, number of persons under twenty-one, etc.; all of 
which, so far as they are susceptible of division, must be returned 
to the respective townships and counties, according to the facts, 
as provided by section 3T in respect to township statistics. In 
case there are two school houses in a district, divided by town- 
ship or county lines, one being in each township or county, said 
district may be returned as of the township or county in which 
the largest portion of its territory is situated; and in the same 
manner when there are more than two school houses in a district. 

38. Private Schools — Reports of. — Schools kept by private in- 
dividuals, in public district school ho jses, after the regular six 
months public schools have been taught, should not be considered 
and reported as private schools, by township treasurers. Such 
schools are mostly attended by the same scholars as attend the 
public schools, and to report them as private schools and pupils 
—12 



162 SCHOOL LAWS OF ILLINOIS, WITH 

would convey an erroneous impression of the relative number 
and condition of public and private schools. Only permanent 
schools, or institutions, such as select schools, academies etc., 
which are held in houses of their own, and are wholly indepen- 
dent of, and in competition with, public schools, should be report- 
ed as private schools. 

39. Removal from Office. — Section 32 of the act provides that 
a township treasurer may be removed from office at any time, by 
the board of trustees. The statute gives to the trustees the pow- 
er to remove the treasurer at pleasure. Possessing such a power, 
the appointment of another treasurer is of itself a removal of the 
former one from office. It does not require a separate antecedent 
order of removal, nor to spread upon their records the reason for 
removal. {Holhrook v. Township Trustees^^^ III.^ 544.) 



DECISIONS EELATING TO SCHOOL DIEECTOKS. 

1. Claims Must he Made Within Tftree Months. — When a 
new district is formed, it is the duty of the township trustees to 
divide the school funds and property, as provided in section 33 of 
the act; and since the property must be appraised, and the value 
apportioned among the several districts within three months from 
the formation of the new district or districts, or be thereafter bar- 
red by limitation, the directors of the districts concerned must 
see that their claims are presented to the trustees in season. {See 
Decisions relating to Trustees^ 

2. Transfer of Pupils. — Under the law, as amended, the 
written permissions required by section 35, in case of transfer of 
pupils from one district to another, are required to be delivered 
to, and filed by, the township treasurers. While the law is per- 
emptory in requiring such permits, it is evidently intended to apply ' 
to those who desire to avail themselves of the benefit of the public 
funds, which can only be drawn by keeping and presenting sepa- 
rate schedules. I do not think it is the intention to apply this 
rule to the case of pupils coming from other districts, or from dis- 
tant places, provided such pupils or their parents are willing to 
waive their claim to the public funds. The right of boards of di- 
rectors to admit pupils of this class upon the payment of such 



OFFICIAL AND JUDICIAL DECISIONS. 163 

reasonable tuition fee as they may prescribe, can hardly be ques- 
tioned. In the case of scholars from unorganized districts, since 
they cannot obtain permits from their own directors — there being 
none — it is plain that the intention of the law will be satisfied, if 
such pupils have the consent of the directors of the district where 
they attend school, and township treasurers must pay the sepa- 
rate schedules in such cases upon the written consent of the one 
board of directors. A director may lawfully sign a permit for 
his own children to attend school in another district. 

3. Separate Schedules. — It is a fundamental condition of the 
law that no pupils can be counted in the distribution of the school 
fund, for whom schedules are not kept in accordance with the re- 
■quirements of the act. When schools are composed of pupils 
from different districts, townships or counties, separate schedules 
must be kept for each, and, in such cases, the amount certified in 
each schedule must be estimated upon the basis of the aggregate 
attendance of all the schedules of the school. The manner in 
which the several schedules are to be disposed of when comple- 
ted, is clearly pointed out in the act. (§§ 35 and 53.) 

4. Union Districts — Proceedings under Sections 33 and 35. — 
Section 33 empowers township trustees to lay off their township 
into "one or more" school districts. The same section requires 
them to prepare a map showing the districts into which the town- 
ship is divided, and authorizes them to " alter or change said dis- 
tricts at any regular session." It also requires them to make a 
new map as often as may be necessary, which means as often as 
any changes are made in the boundaries of districts. Power is 
therefore expressly given to the trustees to make one school dis- 
trict of the whole township if they see fit; and this they may do 
at the first organization of the township into districts, or at any 
subsequent time, provided only that it be done at a regular meet- 
ing of the board. When, however, any portion of the territory 
of a township is attached to a district lying partly in another 
township, said territory must be excepted by the trustees in con- 
solidating the districts of the township, unless consent is given 
by the trustees of the other township ; for it is a fundamental rule 
that a district cannot be formed out of parts of two townships 
without the concurrence of hoth boards of trustees, and that when 
a district has been so formed it cannot afterwards be changed 
without a like concurrence of both boards. With this exception, 



164: SCHOOL LAWS OF ILLIKOIS, WITH 

the trustees may consolidate all the districts of the township into 
one district, at any regular session, if they see fit to do so. 

Section 35 confers the power to consoUdate districts, npon 
school directors also. Their power in this respect is as clear and 
unquestionable as that of trustees. It is limited only by the nmn- 
ber of concurring boards of directors. There must be a majority 
of each board of directors in favor of the union or consolidation. 
E"© district can be included in the union, at least two of whose 
directors are not in favor of it. Districts may be consolidated, 
(by consent of the directors concerned), under section 35, at any 
time / under section 33 it can only be done at a regular meeting 
Trustees may consolidate two or more districts, or all the districts 
of the township if they choose, with or without the consent or 
concurrence of either the directors or inhabitants of the districts 
concerned, and their action is legal and valid, as the supreme 
court has decided. On the other hand, two or more boards of di- 
rectors may, by agreement, consolidate their respective districts 
at any time, with or without the approval of the trustees, and 
their action is legal and valid. Within the foregoing limits, the 
powers of trustees and directors in respect to the consolidation 
of districts, are co-ordinate and co-extensive. IN'either board can 
refuse to recognize the legal action of the other. If the trustees 
pass an order of consolidation, in the manner prescribed by law, 
and at a regular meeting, the directors and people must abide by 
it. And if two or more districts are consolidated by the directors 
thereof, in manner and form as prescribed by the 35th section of 
the act, the trustees must sanction their action, and change the 
map of the township in accordance therewith. The trustees have 
no discretion in such case — the law is peremptory. 

The object of the last part of the 35th section, is not to define 
what shall be a "-wmon. district," in distinction from other dis- 
tricts. It makes no difference whether two or more districts are 
united by the trustees, under section 33, or by the directors, un 
der section 35 ; the result is the same in both cases, no matter by 
what name and style the new district so established, is designated. 
The purpose and intent of the clause in question is to provide 
another mode of establishing large and better districts, when oc- 
casion requires. The law simply fm-nishes two ways of doing 
the same thing. If it is desirable to unite a couple of districts 
in order to secure better educational privileges, the trustees may 



OrFICIii.L AJSTD JUDICIAL DECISIONS. 165 

do it if they see fit ; if they neglect or refuse, then the directors 
of the two districts may do it, and vice versa. Each board is a 
check upon the non-action, or unwise action, of the other, and 
thus the public interests are protected and promoted.. After two 
or more districts have been united under section 35^ they cannot 
again be divided except by the township trustees. The power of 
consolidation only, not of division, is conferred upon directors by 
said section. It was the express purpose of the legislature, in 
section 35 of the amended school law, to enable boards of direc- 
tors of two or more adjoining districts to consolidate said districts, 
independently of the action of township trustees, should circum- 
stances arise rendering it for the best interests of the respective 
districts for the same to be done. In advocating the amendment 
it was urged that instances sometimes occurred in which it was 
desirable to consolidate districts during the interval between the 
regular meetings of the trustees, in April and October, and the 
amendment was intended to meet such cases. It was further in- 
tended, by the amendment, to provide means by which districts 
could be consolidated by the directors themselves, when the trus- 
tees should, without sufficient cause, refuse to make such consoli- 
dation. 

There are therefore two distinct and independent modes of con- 
solidating school districts ; one by the township trustees, under 
section 33, the other by the concurrent action of the respective 
boards of directors. The former can only be done at a regular 
semi-annual meeting, in April or October — the latter may be 
done at any time. The action of the trustees, in such consolida- 
tions, is independent of the petition or protest of the directors, or 
inhabitants of the districts concerned — the trustees being authoriz- 
ed to act in accordance with their own best judgment and dis- 
cretion, and their action cannot be interfered with. In like man- 
ner when two or more boards of directors proceed in the exercise 
of the power clearly conferred upon them by section 35, and con- 
solidate their respective districts in the manner prescribed by law, 
their action is equally independent of the trustees, and is valid 
and binding to all intents and purposes whatever — the trustees 
having no right to interfere with or prevent such act of consolida- 
tion. Upon receiving the proper certificate of such consolidation, 
duly signed by a majority of each concurring board of directors, 
it is the imperative duty of the trustees to cause the map of the 



166 SCHOOL LAWS OF ILLINOIS, WITH 

townsliip to be changed in accordance therewith, and to file the 
same with the clerk of the countj court. ]^or does it matter 
whether the districts consolidated by the directors are in the same 
township or in different townships. The power of consolidation 
conferred upon directors by section 35, is, in this respect as exten- 
sive as that conferred upon trustees in section 33. The use of the 
singular number, " township," in section 35, is not to be under- 
stood as restricting the meaning to districts lying wholly in the 
same township. Even if the treasurer neglect or refuse to file 
with the county clerk a map of the union district, the legal ex- 
istence of said district is not thereby impaired, for the provision 
requiring a plat of the district to be furnished is only directory? 
and is not essential to the validity of the act of directors in the 
creation of union districts. {Munson v. Minor, 22 III., 597.) 

6. Sale of School Property. — Township trustees are the only 
persons authorized by law to sell and convey school houses, sites, 
etc. When directors desire the sale of such property, they must 
therefore make application to the trustees, whose duty it will 
be to make the desired sale and conveyance. (§ 39.) 

6. Certificates of Taxation. — Whenever the levy of a district 
tax is necessary for the support of schools, the directors must file 
with the township treasurer their certificate of the rate to be 
levied, together with a list of the resident tax-payers of their dis- 
trict, alphabetically arranged. Said certificate and list must be 
returned to the township treasurer on or before the first Monday 
of September annually. The treasurer is under no obligation 
to receive the certificate, if not presented by that time. (§ 44.) 
It is essential to the validity of a school tax, that it be certified 
to the proper ofiicer on the day designated by law. {Coiagill v. 
Long, 15 111., 202.) 

The certificate and list of tax-payers should be furnished by 
the directors in duplicate, one to be filed by the township treas- 
urer in his ofiice, the other to be returned to the county clerk. 
The retained list will enable the township treasurer to ascertain 
the amount of tax collected, and the amount delinquent, in each 
district, when a statement to that efi'ect is not furnished by the 
collectors. 

7. Buildiny School Houses. — For the purpose of building, 
repairing and improving school houses, or purchasing school 
sites, the directors, by a vote of the people, may borrow money 



OFFICIAL AND JUDICIAL DECISIONS. 167 

and levy taxes, but the sum borrowed in any one year cannot 
exceed five per cent, of tlie taxable property of the district, nor 
can the tax levied in any one year exceed three per cent, of said 
taxable property. In voting to borrow money, under section 47, 
the exact amount should be stated. It is not prudent to leave 
the amount to the discretion of the directors. Township treas- 
urers, and others, would uot deem it safe to loan money to boards 
of directors if the definite sum to be borrowed had not been 
voted upon. In all such transactions the greatest clearness and 
definiteness should be observed in the proceedings. Everything 
should appear plainly on the records. It is the only safe rule. 
If the amount first voted is found inadequate, another meeting 
may be called and an additional sum voted, etc. But if the peo- 
ple should, nevertheless, vote to leave the amount to the judg- 
ment and discretion of the directors, it is held that the directors 
would be thereb}^ leg^^^^lj empowered to exercise the discretion so 
conferred, and borrow such sam as to them may seem expedient, 
subject to the limitation prescribed by law. The proceedings of 
all such meetings must be carefully recorded by the clerk of the 
board, as evidence of the authority conferred. (§ 47.) l^o money 
can be borrowed, or tax levied, in any case, for the erection of 
school houses, purchasing sites, etc., without a vote of the people 
of the district. {Beverly v. Sahin, 20 JU., 357.) 

8. May Locate Site in Certain Cases. — In case the question 
of locating a school house site is submitted to the voters of a dis- 
trict, and the voters fail to agree, and no one locality receives a 
majority of all the votes cast, the board of directors are, in that 
case, if in their judgment the interests of the district require it, 
authorized to select a suitable site; and the site so chosen by 
t*iiem shall, in that case, be in all respects legal and valid. (§48.) 

9. Must Receijpt for Schedules. — The director or directors to 
whom a schedule is delivered by the teacher, must give said 
teacher a receipt for the same, and for any loss sustained by the 
teacher through failure to deliver the schedule to the township 
treasurer within the time fixed by law, the director or directors 
receipting for the same are personally liable. (§ 54.) 

10. Interest on Balances Due Teachers. — If the amount cer- 
tified in any schedule to be due the teacher, or any part thereof, 
is not paid on the first Monday of April or October, said amount, 
or said part thereof, is entitled to interest at the rate of ten per 



168 SCHOOL LAWS OF ILLINOIS, WITH 

cent, per annum until paid ; and school directors must allow and 
pay said rate of interest, and said balances due teachers, out of 
the first moneys belonging to the district, and not otherwise 
specifically appropriated. This positive requirement of the law, 
while just to teachers, is not unjust to directors, since directors 
are clothed with ample power, and it is their imperative duty, to 
levy such a tax annually, as will enable them to pay their teach- 
ers in full, and meet all other corporate liabilities. ( § 54.) 

11. May Dema/nd Semi-annual Statement from Township 
Treasurer. — Township treasurers are by law required to settle 
semi-annually with each board of school directors in their respect- 
ive townships. Directors may therefore demand, and township 
treaurers must furnish, on the first Mondays of April and Octo- 
ber of each year, a certified statement, showing the condition of 
the account of each district, and the amount of funds on hand to 
the credit and subject to the order of the directors of each district 
respectively. This exhibit will enable directors to proceed under- 
standingly, in making their estimates and levying taxes for the 
current expenses of each school year. (§ 63.) 

12. Questions of Residence. — The right of children to attend 
school in a given district is based upon their being residents of 
said district. The right to determine all questions of residence, 
and of eligibility to the privileges of a district school is vested in 
the directois. (§48.) 

13. Mat) Lease or Rent School Houses. — By section 48 direct- 
ors are required to establish a sufficient nuinber of free schools 
for the proper accommodation of all the children of lawful school 
age in their respective districts. By section 43 they are author- 
ized to levy a tax annually sufficient to defray all necessary ex- 
penses of a six months school. It follows from these provisions 
of the statute that directors have power to lease or rent suitable 
rooms or houses for schools, without a vote of the people, when- 
ever the interests of the district, in their estimation, require the 
same to be done; and to include the amount of rent in their an- 
nual levy for school purposes. The exercise of this right will be 
proper in case of the loss of a school house by fire or otherwise, 
or when the schools become too crowded, or when it is desired to 
grade the schools, or when a district is territorially too large for 
all the children to assemble in one place, etc. It is plain that cir- 
cumstances may exist in which it is not only the right, but the 



OFFICIAL AND JUDICIAL DECISIONS ' 169 

imperative duty of the directors, to temporarily rent a room or 
house for school purposes ; but permanent school houses must in 
all cases be built or provided as soon as practicable. Renting is 
only a temporary expedient. 

14. Directors and People. — By section 48, directors are cloth- 
ed with authority to appoint teachers, and regulate the internal 
affairs of the school in accordance with their own best judgment. 
It is presumed, of course, that in the exercise of this authority, 
they will act with due regard to the opinions and wishes of the 
people of the district, whose agents they are, and treat with pro- 
per attention and courtesy all requests and suggestions relative 
to the interests of the school, which may be submitted to them. 
But the directors, not the citizens at large, are legally account- 
able for the control and management of the school. If the affairs 
of the school and of the district are wisely and successfully 
administered, the directors are justly entitled to credit for their 
faithfulness ; but if those affairs are conducted imprudently and 
unsuccessfully, the accountability rests, both in law and in pub- 
lic sentiment, upon the directors, not the citizens at large. 
]N"ow, authority must be commensurate with duty — prerogative 
with obligation. Whenever, therefore, a difference of opinion 
arises between the directors and citizens, in respect to the choice 
of a teacher, or any other question of school policy, the directors 
have full power to decide the points in controversy, and it is their 
duty to do so according to their own best judgment and discre- 
tion, amenable only to the provisions of the school law of the 
state, from which all their official powers are derived. It is true 
that legal proceeding may be instituted against a board of direct- 
ors for manifest neglect of duty, or for illegal conduct. But this 
can not be affirmed of a mere difference of opinion in the choice 
of a teacher, no matter how great may be the popular opposition 
to the choice of the directors. (§ 48.) 

15. Directors may Resign. — ISTo man can be compelled, by 
law, to hold an office against his will. The right to resign can- 
not be questioned. A director can resign at any time. "When a 
director resigns, his resignation should be made in writing, and 
tendered to the board of which he is a member, but the law does 
not forbid the acceptance of a verbal resignation, if formally ten- 
dered at a meeting of the board. The refusal, or persistent neg- 
lect, of a school director to act as such, and to discharge the duties 



170 SCHOOL LAWS OF ILLINOIS, WITH 

required of him by law, is equivalent to a resignation, and may 
be so regarded by tbe other directors, who may proceed to fill 
such vacancy according to law; or such delincjuent director may 
be compelled by mandmnus to perform his ofiicial duties ; that 
writ being the proper one to compel a party to act when it is 
his duty to act without it. {People v. Gilmer^ 5 Gilm., 242.) 
All resignations should be made to take effect from the election of 
successors, so that the board may not be left without a quorum 
for business. 

16, Incidental Expenses. — The forty-third section authorizes 
the directors of each district, without a vote of the people, to 
levy an annual tax, "for the purpose of procuring furniture, fuel, 
libraries and apparatus, and for all other necessary incidental ex- 
penses" of the school. The law does not contemplate that these 
expenses should be paid out of the state fund. Hence, it is the 
obvious duty of the directors to make provision for such items by 
special tax. But where the pubhc funds are more than sufficient 
for all the regular expenses of the school, the surplus may be ap- 
plied for the incidental expenses mentioned above, or for any 
other legitimate school purpose. The object of the authority con- 
ferred in this section, is to enable the directors to provide the 
means necessary, not only for the regular current expenses of 
the school, but also for those numerous conveniences and applian- 
ces essential to the proper equipment and furnishing of their 
schools, school houses, and grounds. The tax for these purposes 
may be levied without a vote of the people, and while no unreas- 
onable expenditure should be incurred, directors should not 
hesitate to exercise the discretion conferred by this section to any 
extent necessary for the most complete arrangement and endow- 
ment of their schools. The purchase of all necessary books, 
maps, etc., is included in the scope of this section. It is true 
economy to procure whatever is necessary for the comfort and 
convenience of the scholars, and for the aid of the teacher in his 
work. 

IT. Loaning District Funds. — The law confers no authority 
upon directors to loan surplus district funds, nor is there any 
provision of the act which seems to contemplate the loaning of 
district funds at all ; but if it should be held that the silence of the 
act upon this point is not to be considered as prohibitory, there 
can be no doubt that, if such surplus is loaned at all, it must be 



OFFICIAL AND JUDICIAL DECISIONS. lYl 

by the township treasurer, and upon the same terms, conditions, 
and securities as other funds are loaned by him. The interest 
accruing from district funds, should they be loaned, belongs, of 
course, to the district, and not to the township at large ; and the 
treasurer would be entitled to the same percentage as for loaning 
township funds. 

18. Cannot Delegate Control. — The directors are not author- 
ized to certify to the correctness of any schedule unless the 
school is conducted according to law. But no school can be con- 
ducted according to law that is not under the exclusive super- 
vision of the directors. Consequently, no select school, that is 
not under their jurisdiction, and not open alike to all the children 
in the district is entitled to any of the school fund. ISTor can 
school directors make any compromise with the trustees of a 
seminary, academy, or any private institution, by which they 
agree to surrender any part of their legal jurisdiction and con- 
trol of the school. It is a fundamental requirement of the school 
law, that all schools established under it shall be subject to the 
exclusive direction and control of a regularly elected board of 
school directors, and be perfectly free for at least six months in 
the year, to all the children, of lawful age, in the district. 

19. Quormnfor Business. — ISTo business can be legally trans- 
acted by the directors, at any appointed meeting, unless at least 
two members are present; nor will any order, certificate, or 
other official paper, drawn by them be of legal effect, unless 
signed by at least two of the board, or by the president and 
clerk ; provided, that in case of two vacancies in the board, the 
remaining director may order a special election to fill such va- 
cancies, as authorized by section 42, and may perform other ne- 
cessary official business till the vacancies can be filled. By section 
48, two school directors are expressly declared to be a quorum 
for business, and, while all should be notified, yet if two of the 
board concur in opinion, they may legally perform any act whidi 
the board is authorized to do, and their acts will be valid. It is 
not essential to the validity of the act that the third director should 
join with them or even be notified of their proceedings. If an 
act has the approval of a legal majority of the board, the non- 
concurrence or knowledge of the other member will not be in- 
quired into. {Trustees v. Allen, 21 III., 120.) {Bchofield v. 
WatUns, 22 111., Q%.) 



172 SCHOOL LAWS OF LLLItfOIS, "WITH 

20. Children Under Age. — By th.e amended law, those only 
who are between six and twenty-one years of age have a legal 
claim to the privileges of the public schools. Children under 
six should in no case be admitted, but directors have, in my esti- 
mation, some discretion in respect to persons over twenty-one. 
They cannot refuse any whose ages are within the prescribed 
limits, but they may, in special cases, and when the interests of 
the school will not in any manner be compromised thereby, re- 
ceive persons over twenty-one, either residents or non-residents, 
charD-insr them a reasonable fee for tuition. But in no case what- 
ever can persons under six or over twenty-one be included in the 
schedule upon which the public fund is divided. Should such 
persons be so included, their attendance must be deducted by the 
trustees from the grand total of attendance, before making the 
apportionment on schedules. 

21. Acts are not Invalidated hy If ere Irregularities of Form. 
Mere irregulai'ities and informalities in the levy and collection 
of a district tax do not render such tax illegal, nor can the levy 
and collection thereof be restrained for such reasons, whether the 
officers levying the same were officers de jure or defacto\ nor is 
a notice of a district election invalidated by unimportant omis- 
sions, provided it specifies the purpose or purposes of such elec- 
tion in such a way as to leave no doubt of its meaning; nor 
where a site for a school house has been duly chosen is it ren- 
dered illegal on account of irregularities or omissions made by 
the clerk in describing the site selected ; nor is a district tax, 
levied for the building of a school house, or other lawful school 
purpose, rendered void by the omission to tax a portion of the 
persons in the district, or a portion of the taxable property in the 
same. {Merrit v. Farris, 22 III., 303.) 

22. Directors are not Personally Liable for their Corporate 
Acts. — Directors may be sued as directors, not as individuals. 
Their ' private property can not be taken in satisfaction of any 
judgment obtained against them in their official character as di- 
rectors. Theu' hability for debts legally contracted is a cor- 
porate, not a personal liability. They can be proceeded against 
for the recovery of all just clams, as directors, not as individuals. 
Teachers and others are often non-suited in actions of debt 
against directors for failing to observ^e this distinction in the form 
of proceedings. ISTo claims are surer of being ultimately paid 



OFFICIAL AND JUDICIAL DECISIONS. 173 

than those legally held against boards of directors ; for, to the 
liquidation of such debts, the whole taxable property of the dis- 
trict is pledged, and sooner or later the amount must and will 
be made, by taxation or otherwise. The act (§ 49) expressly 
authorizes the court, where judgment against any board of direc- 
tors is obtained, to enforce payment by attachment or mandamus^ 
compelling said board to levy a tax, if necessary, to pay the 
amount of said judgment, with interest and costs. But it must 
be remembered that the property of directors as individuals, is 
not liable for such debts. The foregoing remarks do not apply, 
of course, in case of malfeasance, or neglect of official duty, on 
the part of directors. For losses caused by illegal acts, or 
through failure to perform duties enjoined by law, directors are 
personally liable ; because in such cases their relation to the dis- 
trict is changed ; it ceases to be of a legally representative char- 
acter, and hence, their acts not having the sanction of the law, 
they and their property, and not the district and its property, 
must be held answerable for the consequences. The district is 
held responsible for contracts made or debts incurred under the 
laWj and for no others. 

23. Special District Taxes. — Funds raised by special district 
taxation are not public funds in the sense of the law, and there- 
fore not subject to apportionment by the trustees, but are under 
the exclusive control of the directors of the district, and must be 
paid out on their order. Such funds are not subject to, or affected 
by, the six months rule, nor do they come in any manner under 
the supervision or control of the township trustees. (§§ 44: and 
67.) 

24. Orders on Township Treasurer, When and How Drawn. — 
Directors may draw orders on their treasurer in favor of a teacher, 
for past services, or any other legal creditor of the board, at any 
time, provided there is an unappropriated balance to their credit 
in the hands of the treasurer. Otherwise the directors cannot 
draw on the treasurer, nor can he pay over any money to the 
teacher until his schedule has been filed, and apportionment made 
thereon by the trustees. All orders must state the purpose or in- 
debtedness for which they are drawn, and must be signed by a 
majority of the board of directors, or by the president and clerk, 
otherwise they will not be legal. ( §§ 63 and 67.) 



174 SCHOOL LAWS OF ILLINOIS, WITH 

25. Cannot he Sued hy Teachers for Their Wages until After 
Apportionment. — It is expressly declared in section 54:, that 
teachers' schedules are legally payable on the first Mondays in 
April and October of each year, and that interest thereon does 
not commence to accrue until after those dates respectively. It 
follows that teachers cannot sue for their wages until after appor- 
tionment. Twice a year only, namely, the first of April and 
October, the directors receive school funds. Their obligation to 
pay being corporate, not personal, they could not be compelled 
to pay teachers out of their private funds, but only out of the 
school funds. If, then, it should be held that the directors are 
liable to pay prior to April or October, it would follow that they 
are required by law to pay money before the law itself enables 
them to do so, by placing that money at their disposal — a con- 
clusion the unreasonableness of which is self-evident. But, while 
directors cannot be compelled by suit to pay teachers prior to the 
dates aforesaid, they may and should settle with teachers sooner, 
provided they have unappropriated funds in the hands of the 
treasurer, as stated in the preceding decision. 

26. Must File Schedules with Township Treasurer. — When 
a school is composed of pupils from different districts, the direct- 
ors of the district in which the school is taught must certify all 
the schedules. Directors must examine all schedules delivered 
to them, and, after correcting all errors, they must, by at least 
two of their number, certify to their correctness and file the 
same with the township treasurer on or before the day fixed by 
law. If they fail to do this, so that the schedule is forfeited by 
not being filed in season, or rejected through their neglect to 
make the necessary corrections, they are personally liable for the 
loss sustained through such failure or neglect, and damages may 
be collected by the teacher. ISTo schedule can be certified which 
reaches back more than six months from the time fixed by law 
for the stated return of schedules to township treasurers. ( §§ 53 
and 54.) Directors must be very careful to present the schedules 
in season, for the trustees have no discretion left to receive sched- 
ules after the day fixed by law. [Thomas v. Trustees of Schools^ 
16 111., 163.) 

27. Judgments Against Directors Must he Paid Out of the 
District Funds. — When directors are sued, in their corporate 
name, and judgment is obiained against them, said judgment 



OFFICIAL AND JUDICIAL DECISIONS. ' 175 

must be paid out of the fands belonging to the district; it can- 
not be satisfied out of the unapportioned township funds. The 
same is true where a mandamus is issued, directed against the 
trustees, treasurer and directors, which is the usual form. It 
cannot be supposed that a judgment against a single district 
should be satisfied out of funds not yet apportioned by the trus- 
tees to the several districts ; this would make all the districts con- 
tribute to the payment of the debts of one. Every district is 
liable exclusively for its own debts. (§ 49.) 

28. (Jannot Borrow Money to Pay Teachers. — School direct- 
ors are not authorized to borrow money, in their corporate name, 
to pay teachers. They may borrow money as individuals., but 
not as directors, to pay teachers. 

29. A Director Cannot he Employed as Teacher. — A school 
director cannot be interested in any contract made by the board 
of which he is a member. As the employment of a teacher, 
by a board of directors, is a contract under the law, it follows 
that a director cannot be legally employed by the remaining 
directors as a teacher. (§ 42.) 

30. Contracts Binding on Successors. — Directors are a body 
politic and corporate, and hence all of the legal acts and contracts 
of one board are binding upon their successors in office. If a board 
of directors employ a teacher for a stipulated time, their succes- 
sors are bound to fulfil such contract in good faith. ( § 48.) 

31. Dismissal of Teachers. — Teachers may be dismissed for 
causes specified in the act, one of which is incompetency. As 
each board of directors is authorized to determine for itself the 
question of competency, so far as its own school is concerned, it 
follows that they may dismiss a teacher on the ground of incom- 
petency, notwithstanding said teacher may have a certificate from 
the county superintendent. With whatever fidelity the superin- 
tendent may endeavor to discharge his duty, he can form but an 
imperfect judgment, as a general rule, of the moral character, 
and especially of the teaching ability of the candidate, and hence, 
although the superintendent may be warranted in granting a 
certificate, the person may fail as a practical teacher, or in ability 
to meet the requirements of a particular school, and in such c^se 
directors would be authorized to discharge him from their ser- 
vice. A teacher may succeed in one school and yet fail in 
another, where the standard of excellence is much higher. While 



176 SCHOOL LAWS OF ILLI^STOIS, WITH 

the law does not require directors to assign specific reasons for 
tlie dismissal of a teacher, yet a sense of justice, and a proper 
regard for the reputation of the teacher, should prompt them to 
do 80. A teacher feeling aggrieved by the action of the directors 
in discharging him, may sue them for his wages, or other dama- 
ges, and thus compel them to show cause for the dismissal, and 
to support their allegations by adequate proof. ( § 48.) 

32. May Direct What Branches Shall he Taught. — Directors 
are authorized to prescribe what branches of study shall be 
taught, and what text books shall be used, in their respective 
schools. They cannot exclude any of the branches specified in 
the act, but they may introduce such additional and higher 
branches as, in their opinion, the interests of the school may 
justify or require. (§§ 48 and 50.) 

33. May Aclo^tand Enforce Rules and Regulations. — School 
directors are empowered by law to adopt, prescribe, and enforce 
all necessary rules and regulations for the management and gov- 
ernment of the schools, and the conduct of the scholars. The 
authority conferred embraces whatever measures are necessary to 
secure regularity and punctuahty of attendance, propriety and 
decorum of conduct in and about school buildings, prompt obedi- 
ence to the teacher, and whatever else they may deem essential 
to the maintenance of discipline and good order, and to the suc- 
cessful prosecution of study. The right of directors to make all 
such necessary rules and regulations, and to enforce comphance 
therewith by suitable penalties, is clear and unquestionable, and 
in the exercise of this right they cannot be interfered with or re- 
stricted, except for manifest abuse of powers granted, or an un- 
warrantable assumption of authority not conferred by the act. 
It is to be distinctly understood that the right to enforce is com- 
mensurate with the right to prescribe rules and regulations. 
Directors may therefore compel obedience, and punish, by sus- 
pension, expulsion or otherwise, any obstinate infraction of the 
rules which they have established. ~ The teacher is the agent by 
whom the rules adopted by the directors are executed, his right 
to enforce obedience is therefore sustained by the sanction of 
law and the official authority of the directors. Kecourse to dis- 
missal or expulsion from school should not, however, be had, 
except for very grave and aggravated ofi'enses. Ko pupil can be 
expelled from the public schools for a frivolous or light and trivial 



OFFICIAL AOT) JUDICIAL DECISIONS. 177 

cause. The teacher possesses the power and has the right to 
control the school by means of proper punishment ; and it is his 
duty to coerce obedience to the rules of the school bj proper and 
reasonable punishment, if it can be done, before the pupil is expel- 
led from the school. It is only when reasonable means or pun- 
ishment of the refractory scholar have failed to induce obedience 
that he can be justified in expelling such scholar. If, however, 
a scholar ^grs^sfe in disobeying the teacher, after proper admoni- 
tion or punishment, to such an extent as to justify the belief that 
the course of disobedience will be persisted in, then the board 
will be justified in expelling the scholar. ( § 48.) 

34. Continuance of Schools. — By section 48, directors are re- 
quired to establish and keep in operation free schools for at least 
six months in each year, and longer^ if jpracticable. Six months 
is merely the minimum duration of schools, which every district 
must maintain to be entitled to the public funds. It is not only 
the right of directors to extend schools beyond that time, but it is 
plain, from the very language of the law, that it is their duty to do 
so when practicable. Whenever the public funds (by which is 
meant all funds except special district taxes) are sufiicient to pay 
the expenses of the school beyond six months, the right of the 
directors to so extend them is. unquestionable. JSTo vote of the 
people is necessary in such case. It is only when it is necessary 
to levy a tax to continue schools, that a vote of the people is re- 
quired. (§48.) 

35. Number of Schools in a District. — Directors must estab- 
lish a sufficient number of schools for the proper accommodation 
of all the children in the district between the ages of six and 

_ twenty-one years. It is the imperative duty of the directors to 
establish as many schools as the wants of their district require. 
If they should fail or refuse to do this, the inhabitants have un- 
doubtedly a legal remedy. The language of the law is peremp- 
tory: The directors ''^ shall establish and keep in operation, for at 
least six months in each year, a sufficient number of free schools 
for the proper accommodation of all the children in the district, 
over the age of six and under twenty-one years." They have no 
right to crowd fifty children into a house which can ^properly ac- 
commodate only thirty. If one school house is not sufficient, the 
directors must build another, and yet another, if necessary; or, 
until this can be done, they must hire or rent suitable rooms or 
—13 



178 SCHOOL LAWS OF ILLINOIS, WITH 

houses for schools. In li^e manner, when one school house is 
inaccessible, or too remote for the, proper convenience of all, it 
becomes the duty of the directors to provide a second house, soi 
that ail may be accommodated, as far as possible. 

36. Use of School Houses. — The guardianship and control of 
school houses, and of the school property of a district, are vested i 
exclusively in the board of directors, and not in the teacher nor 
the inhabitants of the district ; but they are vested in them only for . 
the purposes contemplated by law. It follows that, viewed purely ■ 
as a legal question, school houses can only be used for school pur-- 
poses; and, if used otherwise, any voter of the district has the^ 
right to object. But, in the present condition of our country, it is : 
often a matter of great public convenience to have the use of a i 
school house for religious meetings, and other purposes of public j 
utility, and such use should not be denied, except for abuse. It [ 
must be always understood, however, that all damages and ex- 
penses must be borne by those thus using the house, and not by : 
the district; and that such use is a matter of favor and not of j 
right (§39.) 

37. Use of District Tax Funds. — Money raised by district i 
taxation for specific purposes should be faithfully devoted to those j 
purposes. But any surj^lus remaining may be used by the direc- 
tors for any legitimate school purpose. If money is raised for a : 
particular purpose, such as building a school house, etc., and cir-: 
cumstances subsequently occur rendering it unwise or inexpedient i 
to use it for said purpose, it is competent for the people of the dis- 
trict to determine, by vote, to what other use the money shall be 
devoted. Thus, it may chance that before the money is collected 
or expended, it may be deemed best to consolidate or otherwise ;. 
change the district, thereby obviating the necessity of a new house, 
or requiring an entirely different sort of a building — or the cost of 
building may be so enhanced as to make it expedient to postpone 
the work, etc. In such cases it cannot be wrong for the people to 
act with reference to the changed circumstances and conditions of 
the district. But the rule is as first above stated, and it is not 
believed that circumstances will often occur of such a nature as to 
authorize a diversion of the funds from the original purpose for 
which they were levied. 

38. School Directors as Witnesses. — If a teacher, or other per- 
son, sue a board of school directors by their corporate name and 



OFFICIAL AND JUDICIAL DECISIONS. 179 

style, then eitlier or all of the directors maj be witnesses gener- 
ally in the case. In all cases where corporations which are of a 
public nature are parties on record, or interested in the suit, the 
members of such corporations are competent witnesses. But when 
school directors are sued in their private capacity they cannot be 
witnesses in the case, except as other private parties may become 
witnesses in cases in which they are interested. {Swiff s Evi- 
dence, 5Y. 1 Green., 438-9.) 

39. May Acquire and Hold Real Estate. — Boards of school 
directors may, whenever, in their judgment, the interests of their 
district require it, receive conveyances of real estate in satisfaction 
oj:" debts due the district, acquire and hold property, and maintain 
actions in their own corporate name to obtain possession of land 
or other property that has been conveyed to them. 

40. Use of Schedules — Right to Tax. — The object of schedules 
is two-fold : First, to enable the trustees to determine how much 
of one-half of the public fund each district is entitled to, ( § 34 ); 
and second, to make it lawful for the directors to draw an order 
on the treasurer in favor of the teacher, (section 53, last clause) ; 
the rendition of a schedule being by law a condition j^recedent 
to any teacher's claim to the public funds, ( § 52.) When a 
chedule has been returned to, and accepted and filed by, the 
township treasurer, the teacher has henceforth a clear and per- 
fect claim upon the district for the whole amount certified in 
said schedule to be due him, and if the whole is not paid in April 
or October, when due, the balance must be paid "out of the first 
moneys coming into the hands of the township treasurer to the 
credit of said district", with interest at the rate of ten per cent, 
per annum. ( § 54.) The intention of the law is to prevent the 
accumulation of back debts, and the withholding of what is due 
to one creditor in order to pay another. The directors of every 
district have full power, ( § 43), to levy sufiicient local tax, annu- 
ally, to pay all the expenses, of every description, for a six months' 
school. No vote -is required. The power is expressly conferred 
and their duty to levy the tax is peremptory. There can be no 
excuse whatever for not paying all schedules in full when due, 
and all other expenses connected with a six months' school. In- 
stead of indebtedness for past services of teachers, and for inci- 
dental expenses, there should always be a surplus in the treas- 
ury. The amount levied should always be a little more, rather 



180 SCHOOL LAWS OF ILLINOIS, WITH 

than a little less, than the estimated annual expenses, and then 
no district will be harassed with petty debts from year to year, 
and no teacher compelled to wait for petty balances due him. 
"Pay as you go" is the only true rule for directors, as for indi- 
viduals. Every farthing has to be paid sometime; the whole 
taxable property of the district is bound for it ; and it might as 
well be provided for and paid first as last. There is no limitation 
upon the rate of taxation for school purposes under section 43. 
In cases where the power is given to the directors to make the 
levy, (§ "iS), there is no limit but the amount required for the pur- 
poses for which it is levied; and the same is true where the power 
is conferred upon the voters of the district, ( § 48.) {Merrit v. 
Farris, 22 III., 303.) 

41. District Taxes Must he Uniform. — When a district lies 
partly in two or more townships, all the funds accruing to said 
district from the several townships, must be merged into and 
considered as one common fund, regardless of the fact that one 
township may have a large township fund and another a small 
one. And when said common district fund is exhausted, and a 
tax becomes necessary, for any purpose, said tax must in all cases 
be levied imiformly ujpon the whole district, regardless of town- 
ship lines. Section 45 of the act is conclusive upon this point. 
Every school district must be treated as a unit, in taxation. Di- 
rectors must base their estimates ( § 44 ) upon the taxable property 
of the whole district, and report the names of all the tax payers. 
And county clerks must assess one unifor a tax upon the whole 
district. It would be as illegal to tax one part of a school district 
and not another part; or to levy one rate upon one part, and a 
different rate upon another part, as to do ttie same thing in the: 
levy and assessment of state, county, or municipal taxes. It 
does not matter if the principal of the township fund of one of the' 
townships concerned is ten thousand dollars, while another of 
said townships has no townshijD fund at all, apportionment must: 
be made upon each separate schedule in strict accordance withi 
the attendance certified, as required by section 34, and with' 
the enumeration of children under twenty-one, the same precisely 
as if the whole district lay in the same township. If a house is 
to be built, the inhabitants of that part of the district which 
chances to be in a wealthy township, cannot escape their due 
proportion of the necessary tax. All district taxes must be uni- 



OmCIAL AXD JUDICIAL DECISIOifS. ISl 

form thi-Qugliout the district. The only possible vraj for any 
inhabitanc of a school district to avoid payment of his proportion 
of whatever tax may be levied on the district, is to be set off to 
some other district. Ml these things must be considered when 
such a district is proposed to be formed, and if all are not willing 
to bear their share of the common burdens, they can seek to pre- 
vent the establishment of the district. 

42. District should oion School Site. — A school house should 
never be erected upon land not owned by the district, except in 
case of absolute necessity. The law does not forbid the building 
of a school house upon leased ground, or where the district does 
not possess the fee, but it is a bad practice, and almost sure to re- 
sult in trouble and loss to the district, sooner or later. ]!Sro site 
should be voted for until it is ascertained whether a clear warran- 
tee deed can be obtained or not. If a site is voted for, and it is 
afterwards found that a clear 'title cannot be obtained, it is better 
to select another site. It is impolitic to build and expend the 
money of the district upon lots in which the district has only a 
conditional estate, as where the lots, by the terms of the deed, 
revert to the former owner when they cease to be used for school 
pm-poses, etc. Where the ground upon which existing school 
houses stand, is in that condition, the directors should secure quit 
claims, if possible, from the makers of the deeds, so as to pass 
the titles which they might acquire by reversion. The property 
may become very valuable, and the directors may wish to change 
the site of the school house, in which case the land should be 
held by such a tenure that the district could sell and have the 
benefit of the proceeds for the new house and site. A clear title, 
in fee simple, is always the best policy. 

■13. Tvjo Directors may Act. — Bj section 48, two directors 
are declared to be a quorum for business. This is general, and 
applies to any and all school business requiring the action of the 
board of directors. The action of two is the action of the board, 
and binds the boai-d, as firmly as the action of all. Any contract, 
order, stipulation, bond, agreement, or other official instrument, 
signed by two members of the board of directors, is legal and 
valid. And equally so is a verbal contract, agreement, etc., made, 
before witnesses, by two members of the board. It is not essen- 
tial to the validity of a contract, etc., signed or approved by a 
majority of the board, to prove that said contract, etc., was made 



182 SCHOOL LAWS OF ILLINOIS, WITH 

at a formal meeting of the board, and that all the members of the 
board were notified of said meeting. The law does not go be- 
hind the fact that the act was performed by a majority of the 
board — it does not ask how the action of that majority was ob- 
tained, whether at a meeting to which all the members were invi- ' 
ted, or by the individual action of each member. It assumes that 
the action of the majority was lawfully obtained, unless proof to 
the contrary is produced. [Trustees v. Allen, 21 111., 120.) 
[Schojieldv. WatJcins, 22 III, 6Q.) 

But while the above is the rule of the law in the premises, it 
does not in the least lessen the moral obligation of the clerk of 
the board, and each member thereof, to see that all the members 
are duly notified of every meeting of the board, and of every 
official act which it is proposed that the board shall perform. An 
act may be technically legal, and yet outrageously wrong, mor- 
ally. Such is the willful withholding fi-om one member of the 
board, all knowledge of an act which the other two intend to per- 
form, and which the knowledge or presence of the third director 
might defeat. All important school business, such as employing 
teachers, making contracts of any kind, examining schedules, 
drawing orders for any purpose on the treasurer, etc., should be 
done at a meeting called for the purpose, due notice having been 
given to all. The practice of transacting such business by the 
individual action of the members of the board, without calhng a 
meeting, is very reprehensible, and opens the door to fraud and 
imposition. A director is approached in the street or at his place 
of business, and urged to sign a contract in favor of a teacher, or 
an order on the treasurer in favor of some map or book peddler, 
and, without due reflection, it is done. The interested party 
takes the paper, and hurries off' to another director, whose signa- 
ture, with the help of the one already obtained, is quickly secured*. 
And thus the board may be committed to an incompetent teacher, 
or to the purchase of a worthless article, and the best interests, 
and money, of the district be sacrificed. Every motive of pru- 
dence, of propriety, and of regard for the trusts committed to 
them, should deter school directors from doing business in that 
way. The fact that an instrument procured in that way holds good 
in law, does not make the transaction itself less reprehensible. 

44. Districts Created hy Special Acts. — It is held that when a 
school district is created by a special act of the legislature, out of 



OFFICIAL AND JUDICIAL DECISIONS. 183 

territory situated in one or more congressional townships, and a 
special school board is created, with corporate powers, the inhabi- 
tants of such special district cannot vote at the regular township 
elections for township school trustees. The private law confer- 
ring corporate powers upon a portion of a township, negatives 
the right of the inhabitants to be regarded as a part of the body 
politic of the school township. In a similar case in the city of 
Galena, the court decided that the inhabitants had no right to 
vote for school purposes outside of the city limits. A subsequent 
law which is general, does not abrogate a former one which is 
special ; nor does a general law operate as a repeal of a special 
law on the same subject passed at the same session. (12 III. i?., 
pi 339.) But no private or special law can alienate or impair the 
right of all the inhabitants of every congressional township to an 
equitable share of the interest and profits of the township fund. 
That is a vested right, being guaranteed by the express provisions 
and conditions of the act of congress donating the lands by the 
sale of which the township fund itself was created. The proposi- 
tions of congress donating the 16th section, or its equivalent, in 
every township, "to the State of Illinois, /br the use of the inhab- 
itants of such townships, for the use of schools," were formally 
accepted by the State, and the compact was solemnly ratified by 
congress, and thereby made irrevocable. It is therefore an in- 
alienable and indefeasible right, one which the legislature did 
not give and cannot take away ; and hence all private laws crea- 
ting school districts with special corporate powers, must be con- 
strued in harmony therewith. This decision applies chiefly to 
special school districts and school corporations in cities and towns. 
{E. S. 1858, 43, 45, 57.) 

45. When a District is Divided Pending the Collection of 
Taxes. — If a district levies a tax, and before the same is collected 
a portion of said district is cut off by the trustees and attached to 
another district, the taxes collected from the territory cut off, go 
to the district to which said territory is attached. But if the ter- 
ritory is not detached by the trustees till after the tax is collected, 
the detached portion does not take its taxes with it. 

46. Debts of Districts. — Section 33 provides that when a new 
district is formed out of one or more districts, said new district is 
entitled to an equitable share of the school funds and property of 
the old district or districts ; and also that when two or more dis- 



184 SCHOOL LAWS OF ILLINOIS, WITH 

tricts are consolidated into one, the new district siiall own all the 
corporate funds and property of the several districts. The same 
rnle should govern in respect to the debts of districts. If two 
districts are made into one, either under section 33 or 35, the 
new district is liable for the debts of said two districts. And if 
two districts are made out of one, each of the new districts is liable 
for its just share of the indebtedness of the old district. These 
facts must be considered when the division or consolidation of dis- 
tricts is contemplated. When a district is divided and a new one 
formed, if the old district was in debt, the new district's share of 
that debt should be deducted from the amount due said new dis- 
trict as its distributive interest in the value of the property and 
funds of the old district. The debts should be apportioned on the 
basis of the amount of taxable property remaining in each district. 

47. A Director may he elected Trustee^ and vice versa. — Bj 
section 42, " no person shall be at the same time a director and 
trustee." But it does not follow that a director may not be voted 
for and elected trustee, or the reverse, as the case may be. It is 
the holding and 2^ aT forming the duties of both offices at the same 
time., that is forbidden by the statute. A school director is as 
eligible as any other person to the office of township trustee, and 
vice versa. But if a director is elected trustee, he must resign 
the office of director before he can assume that of trustee — he 
cannot act in both positions at the same time. So if a trustee is 
elected director, he cannot act as director, until he resigns as trus- 
tee. In either case the person may retain his present office and 
decline the other, or resign his present office and accept the 
other, as he chooses ; and he should do one thing or the other 
without delay. If a director is elected trustee or the reverse, and 
draws lots for his term as trustee, he by that act accepts the office 
of trustee, and ceases to be director. 

48. Districts Divided hy Township Lines. — "When a district 
is divided by a township line, separate schedules must be kept of 
the pupils from each township, as required by section 53, and the 
amount due the teacher from each township must be computed 
upon the basis of the total days attendance of the whole school, 
as required by section 35, and said proportional amounts must be 
certified in the respective schedules, and paid by the respective 
township treasurers. If the public fund of one township is not 
sufficient to pay in full the separate schedule for that township. 



OFFICIAL AND JUDICIAL DECISIONS. 185 

while the fund of the other township is more than sufficient to 
pay its separate schedule, the surplus of the latter is subject to 
the order of the directors in favor of the teacher, to make up the 
deficiency of the former. If there is still a deficit, it must be 
made up by a uniform tax upon the whole district. In no case 
can a separate schedule after being partly paid by the proper 
treasurer, be presented to the other treasurer for the balance due 
thereon. Each separate schedule must be filed by the treasurer 
of the township in which the pupils named in said schedule re- 
side. The right of the directors to draw their order for any sur- 
plus remaining after the amount certified in either of the separate 
schedules has been paid, is based upon the fact that every district 
is by law a unit, regardless of township or county lines. A frac- 
tional district is unknown to the law. When, therefore, a district 
is divided by a township line, any surplus remaining after the 
payment of either separate schedule, is just as much subject to the 
order of the directors, a^ if the district lay wholly in one town- 
ship. It is much better in such cases for the directors to make 
the treasurer who receives the district tcm money, ( § 45), the cus- 
todian of all the public funds, also, of the district, and to so in- 
form the trustees and treasurer of the other township, in writing, 
under their hands as directors. In that case, the amounts appor- 
tioned in April and October, on census and schedules, to that 
part of the district lying in the other township, are paid by the 
treasurer thereof to the treasurer selected by the directors as the 
custodian of all their district funds, taking his receipt therefor. 
The directors then draw their order on the treasurer so chosen, 
for the whole amount due the teacher, and for all other school 
purposes, and the financial arrangements of the district are much 
simplified. 

49. Limited to Amoimt Voted. — Where power is conferred 
by the statute upon the voters of a school district to determine 
what rate or amount of tax shall be levied for special school pur- 
poses, such as building school houses, et cetera, under section 48, 
the directors cannot levy a higher rate, or a larger amount, than 
that voted for by the people. In such cases the directors simply 
act as the agents of the voters at large, and must not transcend 
their instructions. If they are authorized, by vote, to levy a tax 
of one per cent., for instance, for building purposes, their power 
is exhausted by the levy of said one per cent.; they cannot levy 



186 SCHOOL LAWS OF ILLINOIS, WITH 

an additional one per cent., without another vote anthorizing them 
so to do. If, however, the people, by vote, clothe the directors 
with discretionary power to levy such amount as may be ne- 
cessary for building purposes, it is held that they may exercise 
the discretion so conferred, and that their acts will be valid ; but 
the conferring of such general powers upon the directors is liable 
to many evils and is in no case to be recommended. 
• 60. Deeds should he 'inade to Trustees. — By section 39 the title 
of school-houses and school-house sites vests in the township 
trustees, for the benefit of the proper school district. If a deed 
is made by mistake to a board of school directors, instead of the 
trustees, it should be canceled by the maker and a new deed 
executed to the board of trustees as aforesaid. 

51. ^\'hen there are Tioo or more School-Souses in a Dis- 
trict. — By section 35, school directors may grant or withhold 
their consent for pupils to come into or go from their district to 
school ; and by section 48 they are authorized to make all neces- 
sary rules and regulations pertaining to the schools of their re- 
spective districts. It follows, from these provisions of the act, 
that in districts where there are two or more school-houses, the 
directors have full power to prescribe and determine to which 
house each pupil of the district shall be permitted to go. It is a 
matter clearly within the ofiicial jurisdiction and control of the 
directors, and for their action in the premises they cannot be 
called to account, except for manifest or wanton abuse of the 
powers conferred upon them by law. 

52. When a Schedule is left Incomplete. — "When a teacher 
dies before completing his schedule, or when, for any other una- 
voidable reason, a schedule is not and can not be completed, or 
certified by the teacher, the directors may return it to the town- 
ship treasurer, after correcting such errors as they may be cogni- 
zant of, with an affidavit or certificate, setting forth the reasons 
why it is not completed and certified by the teacher, and any 
other material facts in regard to its unfinished condition. Said 
affidavit or statement of the directors should be filed by the trea- 
surer with said schedule, and will be a sufficient warrant for the 
trustees to accept the schedule and make apportionment thereon. 

53. Orders in Favor of Directors. — A school director cannot 
be interested in any contract made by the board of which he is a 
member. ( § 42.) Payment of orders drawn by two directors in 



OFFICIAL AND JUDICIAL DECISIONS. 187 

favor of the tliird, in violation of that requirement of the law, 
may be refused ; unless it is shown, to the satisfaction of the 
treasurer, that it was impossible or impracticable to obtain any 
other person to do the work or furnish the articles for which the 
order is drawn. The object of the prohibitory clause is to pro- 
tect the funds of the district from being misapplied or squandered, 
as they might be if directors could at will contract with, and draw 
orders in favor of, themselves. But if, in a particular case, any 
necessary material or labor cannot be obtained except from a di- 
rector ; or if the same is offered by a director at a less price than 
that demanded by others, in order to benefit the district, and in 
good faith — in such cases it would be no violation of the spirit 
and purpose of the law for the other directors to draw an order in 
favor of said director, and said order should be paid by the trea- 
surer. These are exceptional cases, for which no definite rules 
can be laid down. The treasurer must judge of and determine 
each of such cases separately, and upon its particular merits. 

54. Private Schools in Public School-Houses. — ^By section 39, 
the control and supervision of school-houses is vested expressly 
and exclusively in the board of directors. They may allow the 
use of the house, after the free schools are closed, for a private, 
select, subscription, or writing school, or for other purposes, if 
they see fit, or they may refuse to permit the house to be used 
for any such purpose, at their option. And if they grant the use 
of the house they may impose upon the occupa"nt such terms and 
conditions as they see proper, provided that they must in all cases 
require the occupant to pay for his own fuel, etc., and to leave 
the property in as good condition, in all respects, as he found it. 
If they choose to let the house for a private or select school, they 
have no right whatever to require the teacher of such school to 
obtain a certificate from the county superintendent. They have 
no responsibility in regard to him or his school. Their jurisdic- 
tion in that respect is limited to the case of free public schools. 

65. Insurance of School- Houses. — School directors should see 
that their school buildings are protected, by adequate policies of 
insurance, against loss or damage by fire, etc., and 'that the poli- 
cies are regularly and promptly renewed at expiration. Their 
right and duty to do this are unquestionable. It is a precaution 
which should never be omitted. The premium should be con- 
sidered as a necessary incidental expense, and regularly pro- 



188 SCHOOL LAWS OF ILLINOIS, WITH 

vided for as such, under section 43. ISTo vote of the district is 
required. 

56. Section 45 — last line. — The word '•''county^'' before the 
word '•''GolleGtor^'' in the last line of section 45, is an error. It 
was stricken out from other parts of the section when it was 
amended, but inadvertently retained in the last line. The clause 
should read : " Shall demand and receive the tax money collect- 
ed by tlie collector as aforesaid" — meaning either town or county 
collector, as the case may be. 

57. Tax for Six Months' School. — By sections 43 and 48, 
school dii'ectors have power, and it is imposed upon them as a 
duty, to estimate the amount required, ovef and ahove the state 
and tow7iship fund, to keep in successful operation the schools of 
their district for six months in each year, and to levy and have 
collected, a tax sufficient to raise such amount. If the state and 
township fund is sufficient of itself to maintain a six months' 
school, the directors cannot raise an additional amount without a 
vote ; but whatever sum the public fund lacks of being enough 
for a six months' school, the directors must levy and collect, with- 
out a vote. There is no limit to the rate of taxation that may 
be imposed for this purpose. i\Merritt v. Farris, 22 111. 303. 
Munson v. Minor, Ibid, 594.) If the estimate of the directors, 
made in good faith and according to their best judgment, prove 
more than sufficient for a six months' school, it is held that the 
surplus may be used, either with or without a vote, to extend the 
term of schools. 

58. Forcible Ejection of cb Pujyil. — If the board of school di- 
rectors, in the lawful exercise of powers clearly conferred by law, 
expel a pupil, for good and sufficient cause, and the scholar so 
expelled refuses to leave the school-room or premises, and persists 
in defying the just and legal authority of the board, such pupil 
may, if necessary, be lawfully ejected by force. In like circum- 
stances, the teacher also, as the agent and acting under the advice 
and instructions of the board, may employ force to remove an 
expelled or refractory pupil from his premises, and he may call to 
his assistance such aid, from any other person or persons, as may 
be necessary to accomplish the object. {Stevens v. Fassett, 27 
Maine, 266.) The school-house is in the charge and under the 
control of the authorized teacher, so far as is necesary for the dis- 
charge of his Guties as teacher. The law clothes every person 



OFFICIAL AND JUDICIAL DECISIONS. 189 

with the power to use force sufficient to remove one who is an in- 
truder upon his possessions, and the school-house is for certain pur- 
poses the teacher's close^ his kingdom^ or his castle. The teacher 
has responsible duties to perform, and he is entitled in law and in 
reason to employ the means necessary therefor. It is his business 
to exact obedience in the school-room, and it is his legal right. 

59. May Use Souse in Another District. — It is no doubt the 
intention of the law that every organized school district shall 
have its own school-house, and the duty of providing the same 
as soon as possible is clearly imposed upon each board of direct- 
ors. But the temporary use of a school-house situated beyond 

.the limits of a particular district is not unlawful, or incompatible 
with the spirit and intent of the act, which is to atford the means 
of common school instruction to all children of lawful age. Di- 
rectors are compelled, by section 48, to provide school accomoda- 
tions for all the school-going children of their district, for at least 
six months in every year. In order to do this, they may be 
obliged, for the time being, to avail themselves of a building 
beyond the borders of their own district ; or the convenience of 
the children may be temporarily consulted by so doing. The 
necessity may arise by the destruction of their own house, or in- 
abihty to erect a new one in season, or the need of more room, 
and in many other ways. In such cases, the school belongs to 
the district, to all intents and purposes, under any fair construc- 
tion of the law ; as much so as if kept in a building within the 
bounds of the district. It is under the charge and control of the 
board, is subject to all the rules and regulations established by 
the board, and is common to the entire district. Its schedules 
should therefore be honored, and its expenses paid, the same as' 
if the house were not across the district line. And for the same 
reasons, the funds of a district may lawfully be used, if necessary, 
for the repairs and improvement of a house in another district, 
so long as the use of the same is necessarily required for the ac- 
commodation of the school children of the other district. These 
principles are expressly declared by the supreme court in the 
case of Grove v. School Inspectors of Peoria^ 20 lll.^ 532. 

60. Powers Conferred by Section 4:o. — Directors, under section 
43, possess very large powers, and are charged with very impor- 
tant duties. Of the latter, some are mandatory, and others dis- 
cretionary or permissive. Among the duties which they are per- 



190 SCHOOL LAWS OF ILLINOIS, WITH 

emptorilj required to perform by section 43, taken in connection 
with section 48, are the levying of a sufficient tax to support a 
six months' school — procuring school houses enough for the proper 
accommodation of all the school children of the district — provid- 
ing fuel and other necessary articles for the comfort and conve- 
nience of teachers and pupils, etc. It is also their duty to keep 
their school houses and grounds in good repair, and to render 
them pleasant and attractive. To this end they should cause the 
house to be painted, and trees, shrubbery and flowers to be plant- 
ed, etc. -Not a year should be allowed to pass without planting 
trees, where there are none already. Ample shade is necessary 
for health, comfort and sightliness, and can always be had at a 
trifling cost. The soft maple, box elder, elm, etc., will yield a 
plentiful shade in three years, and no school house lot should 
ever be longer than that without the luxury. Among the most 
repulsive and needless sights in the state, is that of a school bouse 
sweltering in the sun, choked with dust, bleak, naked and deso- 
late; without a tree, or shrub, or flower, or any other object to 
please the eye and relieve the monotonous deformity of the place. 
There is no apology or excuse for this in any case whatever. 
The planting and boxing of trees should always be attended to 
at the earliest possible moment, and nature will do the rest. 
Fences, gates, wells, out-houses, etc., should be kept in good con- 
dition, and both teachers and pupils held to strict account in re- 
spect to them. It is impossible to depict the pernicious effect of 
disregarding the claims of delicacy and purity in the location, con- 
struction and arrangement of the private retreats provided for the 
pupils of the two sexes. The case of providing none at all, is too 
gross for comment. Directors also have full authority to pur- 
chase furniture, apparatus, books and whatever else may be need- 
ful to furnish and equip their school houses. Among the articles 
which they may procure under this head are, neat and durable 
desks and chairs — common and outline maps — globes — arithmet- 
ical and geometrical figures and apparatus — anatomical, primary 
and other charts — reference books for the teacher's desk^ — clocks, 
black-boards, crayons, brooms, dust brushes, pails, wash bowls, 
shovels, tongs, ash buckets, scrapers, mats, clothing hooks, etc., etc. 
The power of the directors to procure all these things, and any 
others that may be required for the complete equipment and fur- 
nishing of their schools, school houses and grounds, is clear and 



OFFICIAL AJSTD JUDICIAL DECISIONS. 191 

unquestionable. And to pay for them they may levy any rate of 
tax that may be necessary ; no vote is required. It is also the 
duty of the directors to employ some one to sweep, make fires, 
prepare the fuel, etc., unless a different agreement is made with 
the teacher, or the pupils voluntarily attend to those things. Un- 
less otherwise specified in the contract no teacher of a public 
school can be required to sweep, make fires, etc. It is no part of 
his duty, uuless he agrees and contracts to do it when he is em- 
ployed. By a reasonable construction of the library clause of the 
43d section of the act, directors may also procure and keep on 
hand, as the property of the district, a set of the text-books adopt- 
-ed and used in their respective districts, for the use of their suc- 
cessive teachers. 

61. Mandamus. — When directors are instructed by a vote of 
the people, legally taken, to levy a tax or borrow money to build 
a school house, or to do any other act or thing which the inhabi- 
tants of a district may lawfully require to be done by them, and 
said directors neglect or refuse to obey such instructions — and 
when directors fail or refuse to discharge the duties clearly im- 
posed upon them, as directors, by law, and the people of the dis- 
trict have no other recourse or remedy — in all such cases, a writ 
of mandamus will lie to the board of directors, commanding and 
compelling them to discharge their duty. {Beverly v. Sahin^ 20 
111., 357. Cotton v. Reed, lUd, 607.) 



DECISIONS RELATING TO TEACHERS. 

1. Schedules. — No teacher of a public school is entitled to 
any part of the public school fund unless he keeps a schedule of 
scholars, over six and under twenty-one years of age, attending his 
school. Schedules must be kept in the exact form prescribed by 
law. When pupils attend from different townships or districts, 
separate schedules must be made for each township and district. 
Teachers must deliver their schedules to the directors as soon as 
completed, and, for their security, they are entitled to receive re- 
ceipts for the same from the director, or directors, to whom said 
schedule or schedules are delivered. Teachers are not recjuired to 
deliver their schedules to the township treasurer — that duty is im- 



192 SCHOOL LAWS OF ILLINOIS, WITH 

posed upon the directors. The method of proceeding in the case 
of separate schedules is clearly pointed out in the act. Teachers 
cannot be too careful to comply strictly with all the requirements 
of the law in respect to the manner of keeping, and the prompt 
delivery of, their schedules. (§§ 35, 53 and 54:.) 

2. Permits of transfer. — Section 35 of the amended act, re- 
quires written permits of transfer of scholars from one district to 
another to be filed with the township treasurer. As the rule re- 
quu'ing such permits is mandatory, teachers should be very care- 
ful to satisfy themselves that pupils from other districts have been 
regularly transferred before admitting them. This is the more 
essential now, since such permits are made the only evidence 
upon which township treasurers are authorized to pay separate 
schedules. 

3. Cldldren Under Six Years of Age. — The act as amended 
fixes the minimum limit of eligibility to the public schools at six 
years. ]^o pupil under that age should be admitted into the 
public schools. It is the province a;Qd duty of teachers to see 
that this requirement is complied with, and, if necessary, to re- 
port to the directors for their information, and action, cases of 
persistent violation or infi'ingement of this requirement of the 
law. (§48.) 

4r. Suits Against Directors. — Teachers will bear in mind that 
theu- contracts with boards of directors are, by law, credit con- 
tracts — that their schedules are due and payable semi-annually, 
viz : in April and October. If, therefore, it becomes necessary 
for them to bring suit against the directors for their wages, and 
judgment is obtained, the directors cannot be compelled to pay 
until after the April and October apportionments, Nor can 
directors, in such cases, be sued as individuals, but only as a cor- 
poration. The private property of directors cannot be taken in 
satisfaction of any judgment obtained against them in their offi- 
cial character as directors. ( §§ 48 and 49.) 

5. Revocation of Certificates. — Teachers whose certificates 
have been revoked by the county superintendent, cannot receive 
public money on schedules of schools taught by them subsequent 
to the date of said revocation, or while they remain without a 
legal certificate. 

6. Dismissal. — Teachers are liable to dismissal by the direct- 
ors. Any teacher feeling aggrieved by the action of the directors 



OFFICIAI, AND JUDICIAL DECISIONS. 193 

in such case, may sue them on his contract, and thus compel them 
to show cause for the dismissal, and to sustain the alleged grounds 
of their action by adequate proof. 

7. Suspension or Expulsion of Pupils. — Directors are author- 
ized to suspend or expel pupils for disobedient, refractory, or 
incorrigibly bad conduct. This authority they may delegate to 
the teacher, to be exercised under such circumstances and for 
such offenses, as they may prescribe. The directors may also 
empower the teacher to injElict the penalty of immediate, though 
temporary, suspension, in cases of sudden and violent acts of in- 
subordination or rebellion. But the teacher must consider that 
the legal authority to inflict these extreme penalties emanates 
from the directors, and does not vest primarily in him, and that 
it is therefore his duty to conform his action to the instruc- 
tions received from the directors, or to the discretion conferred 
by them. In all cases of temporary suspension, the facts must 
be reported to the directors as soon as practicable, for their 
information and action. In extreme cases of sudden and violent 
insubordination, or vicious and refractory conduct, where the 
temporary removal of a pupil from the school-room is necessary 
— or when a pupil who has been expelled by the directoi'S, persist- 
ently refuses to leave the school — or when a scliolar maliciously 
places himself in the chair of the instructor, or in the seat of anoth- 
er scholar, and refuses to leave it on the request of the master — 
in such cases, and others of like character, the teacher may compel 
obedience hy force^ and call to his aid such assistance as may be 
necessary to effect that object. {Stevens v. Fassett^ 27 Maine, 
266. See, also, Decisions relating to Directors.) 

8. Rules and Regulations. — The right to make rules and 
regulations for the management and government of schools is 
vested by law in the board of directors. The design in giving 
them this power is mainly to throw around the teacher the pro- 
tection of law in administering the government and necessary 
discipline of the school. It is not supposed that rules and regu- 
lations will, as a general thing, be actually drawn up by the 
directors personally, and submitted to the teacher for his govern- 
ment ; the contrary course is the natural one, and the one which 
in most cases is practically pursued. An experienced teacher is 
necessarily better qualified to do this than a board of directors, 
who may have no practical acquaintance with the requirements 

—14 



194: SCHOOL LAWS OF ILLINOIS, WITH 

necessary for the successful conduct of a school. The proper 
course, therefore, is for the teacher to draw up such regulations 
as he may deem expedient, and submit the same to the directors 
for their official sanction. The rules thus adopted and endorsed 
by the directors are in fact their rules, and may therefore be car- 
ried out and enforced under the express provisions and sanction 
of law. 

9. Should Make 'Written Cont/racts. — Teachers should be 
careful in all cases to make written contracts with boards of 
directors before commencing their schools. Considerations of or- 
dinary business prudence should prompt them to do this. JSTeg- 
lect of this precaution has led to much mutual misunderstanding 
and annoyance, and often resulted in the loss of a part, or even 
the whole, of the wages due. It is in all respects better for both 
parties that such contracts should be made, of which each party 
should retain a copy. All the points about which differences 
would be likely to arise, such as the amount of salary, length of 
time, number of teaching days to the month, etc., should be 
plainly set forth in such agreements. Let it be understood that 
a rtioral obligation to pay a teacher cannot be enforced by law. 
{Bull V. Harris, 31 III., 489.) The language of the contract 
must express the exact intention of the parties ; for while the rule 
of the law is to give eti'ect to the intention, yet if the language is 
unequivocal it will govern, although it fail to express the real in- 
tention of the parties. {Benjamin v. IfcOonnell, 4 Gilm., 536. 
Smith V. Brown, 5 Gilm., 309.) 

10. JVot School Officers. — Teachers are not school officers, and 
are not therefore entitled to the immunities mentioned in section 
T2. Township trustees and school directors are exempted from 
certain burdens imposed upon other citizens, as a recognition of 
and partial recompense for the important services rendered by 
them without pecuniary compensation ; but these considerations ' 
do not apply to the teacher, who contracts for and receives the 
best remuneration he can for his services and labor. 

11. Certificates. — By section 52, no teacher can be employed 
to teach any school under the control of any board of directors 
of any school district, who does not, before his employment, or 
commencing his school, exhibit to said board, or to a committee 
of said board, a certificate of qualification from the county super- 
intendent of the proper county; nor is a teacher entitled to any 



OFFICIAL AND JUDICIAL DECISIONS. 195 

portion of any public school fund, who does not, before his em- 
ployment exhibit his certificate as aforesaid. No provision of the 
school law is more imperative than this, nor has any other pro- 
vision of the act been more literally and rigidly construed by the 
circuit and supreme courts of the state. It has been repeatedly 
decided by the judicial tribunals that neither the stipulations of 
a contract^ nor the keeping of schedules in scrupulous conformity 
with the act, nor the most exact compliance with every other 
provision of the law, can compensate or atone for the failure on 
the part of the teacher not merely to liave^ but to jpresent to the 
board of directors, or a committee thereof, hefore employment, 
a. legal certificate of qualification. Default here is absolutely 
fatal to the legal claims of the teacher to payment from the pub- 
lic school fund. The teacher may, in such case, be paid by 
private subscription or otherwise, but not from the public funds. 
The point to be particularly noticed is, that the teacher is per- 
emptorily required to present his certificate, whether asked or 
required by the directors to do so or not ; this is a condition pre- 
cedent to the validity of any claim upon the school fund. The 
directors are not bound to examine and certify, or in any way to 
recognize the schedule of a teacher who fails to comply with this 
imperative requisition. Teachers should also renew promptly 
their certificates upon their expiration, even when such expiration 
occurs during a school term. I^o teacher can be required to pro- 
cure more than one certificate in order to teach the same school. 
In case a district lies partly in two counties the teacher must ob- 
tain a certificate from the superintendent of the county in which 
the school house is situated. He cannot be required to have cer- 
tificates from both superintendents. ( Casey v. Baldridge, 15 III., 
65. Smith V. Curry, IQ 111,1^1.) 

12, Amenable to Directors. — By section 48 teachers are made 
answerable to the directors only, for their conduct while in the 
employ of the board. They must faithfully carry out the wishes 
and instructions of the directors in all matters pertaining to the 
management and discipline of the school, text books used, 
branches taught, and whatever relates to the general policy of 
the school ; and for so doing they cannot be called to an account 
by the inhabitants of the district, but are amenable only to the 
board. 



196 SCHOOL LAWS OF ILLINOIS, WITH 

13. Protected hy Contracts. — The contracts of teachers with 
directors are not invalidated, where a school is temporarily sus- 
pended by orders of the directors, or compulsorily by the burn- 
ing of the school house or other casualty, for which suspension 
the teacher is in no way responsible. Thus, if a teacher con- 
tracts for a six months school, and a portion of the time is lost 
by reason of suspension, by act of the directors, on account of 
the prevalence of a contagious disease, or by the accidental de- 
struction of the school house, etc., the teacher is entitled to pay 
for the whole time according to the terms of his contract; pro- 
vided, that he holds himself in readiness dm'ing the period of 
such suspension to resume his duties as teacher and fulfil his part 
of the contract. So, also, when scholars fail to attend on account 
of inclemency of weather, or when the school is suspended for 
lack of fuel, or while repairs are being made, etc. — the teacher 
cannot be required to lose the time. Parties to a contract are 
bound by the terms of their agreement, unless fraud is shown. 
(24 /^^., 687.) 

14. School Month and Day. — The lunar month, of four 
weeks, is to be considered the true common school month in this 
state. At least twenty days shall be taught for a month ; sixty 
days for three months; one hundred and twenty days for six 
months, etc. Directors may contract with teachers on the calen- 
dar instead of the lunar month principle, and such contracts, 
previously made, shall be valid and binding upon both parties ; 
but less than twenty teaching d"ays shall not be considered a 
lawful school month. In the absence of any special agreement 
or contract between directors and teacher, as above, the lunar 
month of twenty teaching days, of six hours each, shall be 
adopted as the true basis of settlement, and shall be accepted, 
held, and construed by directors, trustees, treasurers, and others, 
as satisfying the demands of the law. The foregoing ruling ■ 
will govern in the- absence of different stipulations between the 
teacher and directors. This is in accordance with the general 
custom in nearly all other free school states, and in this state 
from its earliest history. Though not established by statute, yet 
the lunar month, in schools and school engagements, has been 
generally allowed by the courts, in the absence of express calendar 
month contracts, on the ground of the common and almost im- 
memorial usage and custom of the country in school matters. 



OFFICIAL AND JUDICIAL DECISIONS. 19T 

15. Corporal Punishment. — The law is silent on the subject 
of corporal punishment in schools. It neither directly grants nor 
withholds authority to inflict it. The whole subject is left to the 
judgment and discretion of the local school authorities, and 
to the sanction of general usage and custom. That the teacher 
must be clothed with authority to use the rod in certain cases, 
is self-evident. It grows out of the very nature of the case, and 
of his relations to his pupils. The prudent exercise of such 
authority is acquiesced in by the opinions and practice of the 
whole country, and is almost invariably sustained by the courts ; 
on the ground, not of statutory enactments, but of common 
custom, common sense, common justice, and the nature and 
necessity of the case. It is only the flagrant abuse of the ad- 
mitted right, which either society or the law is disposed to 
frown upon and condemn, ISTo teacher is liable for inflicting cor- 
poral punishment upon a pupil, unless he goes beyond the limit 
of reasonable castigation; or is guilty either in the mode or de- 
gree of correction, of unreasonable or disproportionate violence 
or force, which can only be determined by the circumstances of 
each particular case. 1 Blachstone, 453. 2 Kent. Com.^ 205. 2 
Dev. and Battle, 365. 27 Maine, 266, 280. 4 Gray, 36. 
3 Greenl. on Ev., § 63, etc., etc. 

16. Entitled to Interest. — By section 54, the salaries of 
teachers are made payable on the first Mondays of April and 
October, and on all balances due and unpaid on those days re- 
spectively, teachers are expressly entitled to interest at the rate 
of ten per cent, per annum, from due and until paid. But if 
there is an unpaid balance on the first Monday of any April or 
October, the teacher cannot demand interest on said balance for 
the full period of six months, if payment is tendered sooner. If 
a tender is made and refused, further interest is barred. Balan- 
ces, with accrued interest, may be paid at any time by the treas- 
urer, when he has funds for the purpose. 

17. Substitutes. — Directors, only, have power to employ 
teachers of public schools. Hence, if a teacher is taken sick, or 
obtains leave of absence, he cannot employ a substitute — it must 
be done by the board of directors. And the teacher so employed, 
for however short a time, must have and exhibit a certificate of 
qualification, make a schedule, and comply with all other require- 
ments of the law, or the public funds cannot be used in payment 



SCHOOL LAWS OF ILLINOIS, WITH 

of the temporary services so rendered. One teacher cannot re- 
ceive wages on the certificate or schedule of another, or in the 
name of another teacher. 

18. Holidays. — It is customary and commendable to dismiss 
public schools during the holidays. The usual holidays are the 
Fourth of July ; from Christmas to ISTew Year's day, both in- 
clusive; and all thanksgiving and fast days appointed by national 
or state authorities. Directors may rightfully authorize their 
schools to be dismissed on the above named holidays, and, when 
so dismissed, the teacher can not be required to lose the time. 



DECISIONS RELATING TO PCTPILS. 

1. Who are Eligible. — Only those persons who are between 
the ages of six and twenty one years, and hona fide residents of 
a school district, have a legal right to attend the free schools in 
said district. Such persons cannot be excluded, nor can they be 
charged any tuition fee. Other persons may be admitted con- 
ditionally, but only those above mentioned can demand free 
admission as their absolute legal right. Children under six are 
excluded. Children of other districts, and persons over twent}''- 
one years of age may be admitted, but only upon such terms and 
conditions as the law, and the directors, in the exercise of the 
discretion vested in them, may prescribe. The distinction be- 
tween those who have a legal claim to be admitted free, and all 
others, must be kept distinctly in view. Under no circumstances 
can any of the latter class be received to the exclusion of any of 
the former; nor can pupils over twenty-one years of age in any 
case have the benefit of the public school fund. Such persons 
may be admitted when consistent with the rights of the legal 
school children of the district, as aforesaid, either with or without 
a tuition fee, at the option of the directors. Should directors, 
without authority of law, first admit children under age, and 
afterwards conclude to exclude them, they cannot compel the 
parents or guardians to pay tuition for the illegal attendance 
which they had tolerated. 

2. Residence. — As a general rule, the residence of parents is 
the residence of their children. Boarding children in a district 



OFFICIAL AND JCTDICIAL DECISIONS. 199 

does not, of itself, entitle them to the benefits of the free school 
in said district. The mere tetrhporary residence of a family in a 
district, solely to enjoy the benefits of the free schools, and with 
the intention of removal as soon as that purpose is accomplished, 
does not entitle the children to the privileges of said schools. 
The removal of a portion of a family from the legal domicil to 
another district, in order to send to the free schools thereof, does 
not confer the right to do so. As a general rule, the residence of 
their parents is the residence of employees ; hence the privilege of 
the free school in another district is not acquired by placing chil- 
dren temporarily at service in that district. This includes those 
who are placed in families to attend school and do chore-work 
for their board, etc. The most liberal policy is, however, recom- 
mended towards this class of children. The state has as much 
interest in their education as in that of the more favored ; and, 
although not legally eligible to attend free, the directors should 
permit them to do so, when not inconsistent with the rights of 
others and the welfare of the school. Children who have been 
apprenticed, or adopted into a new family ; or who have been 
placed permanently in the care of others, with no intention of 
withdrawal ; or those over whom parents have relinquished all 
control from whatever cause; or those who have no parents or 
guardians, or whose parents or guardians live in another state or 
country, and exercise no control over their children ; or those 
who have no permanent abode, but go from place to place in 
search of employment, and whose only home is where they find 
work ; — the children included in all the above classes are to be 
enumerated in the district where they live, and are entitled to all 
the rights and benefits of the free schools in said district. ( 8 
Wend.^ 140. 23 Pick., 178. Storifs Conflict of Laws, chap. 3,) 
3. Exclusion from School in Certain Cases. — When the moral 
depravity of a child becomes so great that his example is dan- 
gerous to the purity of the school, or when his insubordination 
is so bold and incorrigible as to be fatal to the discipline of the 
school, duty to the other scholars demands his removal. He has 
no longer any right to remain, for no rights can attach to the 
individual, the exercise of which is incompatible with the equal 
rights of others. This principle has important applications. It 
justifies and requires the removal of a pupil from school, in cer- 
tain cases, even when no ofi'ense has been committed. It teaches 



200 SCHOOL LAWS OF ILLIJfOIS, WITH 

clearly, that punisliment for evil doing is not the only ground 
upon whicli dismissal from school can be justified ; that protec- 
tion from evils which, though serious, imply no wrong in the 
parties concerned, is sometimes an equally valid ground for the 
temporary removal of a pupil from school. Directors may and 
should exclude from school, for the time being, pupils infected 
with offensive or contagious diseases. ISTot for any fault or 
wrong on their part, but simply because their presence under the 
circumstances is incompatible with the safety and comfort of 
others. Their personal rights in the common school are for the 
time in abeyance — they must be surrendered till they can again 
be exercised without infringing the equal rights of others. The 
right to enjoy the benefit of common schools, established for all 
the inhabitants, is a common, not an exclusive personal right, 
and hence, like all other common rights, it must be exercised 
under such limitations and restrictions, that it shall not interfere 
with the equal and co-extensive rights of others. Children may, 
therefore, be excluded, not merely for punishment, but for the 
protection of others from such noxious example and pestilent 
influence as would entirely defeat the purposes for which schools 
are instituted. (8 Cush. Mass. B., 164.) 

4. night of Choice in /Studies. — Pupils can study no branch 
which is not in the course prescribed by the directors. Pupils 
can study no branch of such prescribed course for which they 
are not prepared; of which preparation the teachers and direct- 
ors shall judge. Pupils shall study the particular branches of 
the prescribed course which the teachers, with the consent of the 
directors, shall direct, unless honest objection is made by the 
parents. If objection is made in good faith, parents shall be 
allowed to select from the particular branches of the prescribed 
ceurse for which their children are fitted, those which they wish 
them to study; and for the exercise of such right of choice the 
children shall not be liable to suspension or expulsion. 

5. Admissijn to Other Districts — Sow Obtained. — Before 
non-resident pupils can be received into the school of another 
district, they must obtain the written consent of the directors of 
their own district, and of those of the district where they wish 
to attend. These permits should be shown to the teacher for his 
information, and then delivered to the township treasurer, as 
required by section 35 ; except in the case of children from un- 



OFFICIAL AND JUDICIAL DECISIONS. 201 

organized districts, when the consent of the directors of the 
district in which the school is taught must, of necessity, be 
sufficient. 

6. Persons o'oev Twenty-one — Discrimination in favor of 
Soldiers. — As stated in a former decision, persons over twenty- 
one years of age, whether residents or non-residents, may be 
admitted into the public schools, at the discretion of the directors, 
and upon such terms as they may prescribe; provided always, 
that legal school children are not excluded thereby. Since such 
persons are not entitled to the benefit of the public school fund, 
their attendance should not be noted in the scherlule upon which 
such funds are drawn, but a separate register should be kept in 
order that a complete statistical report of the school can be made. 
This modification of former opinions upon this point is warranted 
by recent judicial decisions. In the exercise of the discretion 
vested in them, relative to the admission of persons over twenty- 
one years of age, it is earnestly recommended that a generous 
discrimination be made by directors in favor of returned soldiers, 
very many of whom have spent, in the service of their country, 
several years, during which they would have been entitled to 
gratuitous instruction in the public schools. The sentiment of 
justice, to say nothing of gratitude and patriotism, should prompt 
boards of directors to admit soldiers, free, for a length of time 
equal to the portion of their minority spent in the army. Thus, 
young men who enlisted at eighteen, and remained in the service 
until they were twenty-one, or over, should, if they desire it, be 
allowed to attend, free, for a period of three years; and in the 
same way in other cases. They should not merely be permitted, 
but invited and welcomed to the public schools, free of cost. I 
have no doubt the next legislature will give them the legal right 
to do so — but no legislative action ought to be necessary in so 
plain a case of duty and privilege. 

7. Pujpils under, or over age. — By section 34, one-half of the 
public school fund is required to be apportioned to districts upon 
the attendance certified in the schedules. By section 48, those 
only who are between the ages of six and twenty-one, and resi- 
dents of the district, are legally ehgible to the free schools of the 
district. Without doubt the public money should be apportioned 
upon the attendance of those pupils only, who are legally eligible 
to attend free. Hence, none others should be reported in the 



202 



SCHOOL LAWS OF ILLINOIS, WITH 



Bchedules. And if persons under six or over twenty^one, or non- 
residents, are reported in the schedules of the district, township 
trustees and treasurers are forbidden to include such, or any of 
them, in the attendance upon which they apportion one-half of 
the public funds. The schedules themselves, if kept according 
to law, (§53), will show if any ineligible pupils are included, 
since both the age and residence of each pupil must be given. 
If these facts are not shown by the schedule, it should be rejected 
as illegal. 

8. Colored Children and the Public Schools. — There can be 
no reasonable doubt that colored children are not intended to be 
included in the provisions of the free school laws now in force in 
this state. This is evident from the frequent use, in the act, of 
the distinctive word "white", ( §§ T, 16, 37, TO, 79, et al.); it being 
a rule in the construction of statutes that the expression of one 
thing is the exclusion of another. ( 13 HI., 546.) It is further 
evident from section 80, which expressly requires all school taxes 
collected from persons of color, to be refunded to them. 

The word, "white," it is true, is omitted in section 48, the 
language of which is comprehensive and unlimited. But these 
two affirmative sections (48 and 80) may consist together — the one 
does not repeal the other, and such a construction must be given 
as will reconcile them together. (4 Oilm., 2T1.) That all the 
children in the district are to be provided with free schools, there 
can be no doubt. By the provisions of section 80, colored tax- 
payers are to be allowed the amount of school tax collected from 
them, for the benefit of their children. Such funds, so collected, 
are deducted from the general school fund, and set apart for col- 
ored children. It cannot be supposed that the statute intends 
to authorize colored children to withdraw their portion of the 
funds from the general fund, and then at the same time permit 
them to attend the schools for white children. If the school funds 
collected from colored tax-payers are not refunded to them, as re- 
quired by section 80, that fact does not aifect the legal aspect of 
the qaestion ; for any board of trustees can be compelled by a 
writ of mandamus to allow and pay over the amount of school 
taxes collected from persons of color. Nor is the legal argument 
affected by the notorious fact that, except in a few localities, the 
amount due the colored people under section 80, even if paid, is 



OFFICIAL AND JUDICIAL DECISIONS. 203 

entirely insufficient to enable them to establish and maintain 
schools of their own. 

The view of the law here given is also evident from the whole 
spirit and letter of the act — from the uniform contemporary con- 
struction given to it — and from the concurrent decisions of all the 
state superintendents — all of which look to a separation of white 
and colored children in the public schools. A long established 
construction of a statute by the officers to whom its execution is 
intrusted, ought to have the force of a judicial determination. 
A cotemporaneous construction is generally the best construction 
of a law. It gives the sense of a community of the terms made 
use of by the legislature. ( 8 Verm., 286, 4T8. 17 Mass., 143. 4 
Gilm., 266-7). 

]^or is the discrimination of the school law against the co-ad- 
mission of colored children to the common schools of the state, 
removed by the act of February 7, 1865, repealing what were 
commonly known as the "Black Laws". There is nothing in 
said act showing the least intention to repeal any provisions ol 
the school law in relation to children of color; if it has any such 
effect it must be by implication, alone. But a law is not repealed 
by implication, where the legislature had no design to repeal it, 
unless the provisions of the new law show an intention that such 
provisions as are contained in the old law should no longer con- 
tinue in force. ( 13 III, 728). 

As to whether the late act of Congress, known as the " Civil 
Kights Bill", abrogates the distinctions of our school laws in re- 
spect to colored children, it is enough to say that it is not the 
province of the superintendent of public instruction, but of the 
proper judicial tribunals of the country to determine questions 
of that character; and, until they are so determined, he cannot 
be governed in his official acts by any assumed repugnance be- 
tween the laws of the United States and of this State, but must 
confine himself to the duties enjoined upon him by the legislature, 
which are simply, and only, " to explain and interpret and deter- 
mine to all school officers, the true intent and meaning of this act, 
(the school law), and their several duties enjoined thereby. (§ 8.) 

The state superintendent is an officer of limited jurisdiction — 
his powers and functions are purely executive or administrative, 
not judicial. It cannot be necessary to say that he must carry 
out the provisions of the law, to the best of his ability, without re- 



204: SCHOOL LAWS OF ILLINOIS, WITH 

gard to his own private opinions as to the merits or demerits of 
those provisions. Kor can it be necessary for the present incum- 
bent to express his deep sense of the need of further legislation' in 
respect to the education of our colored population. This decision 
is given simply as the opinion of this department in respect to 
the present law; and in answer to a fi^reat many questions on the 
subject. The point discussed is never raised by the state super- 
intendent — boards of directors are allowed to take their own 
course in respect to colored children — but when the point has 
been raised by others and submitted to this office, the foregoing 
opinion of the law has always been given. 



DECISIONS RELATING- TO SCHOOL ELECTIONS. 

1. Registry Law. — The provisions and requirements of the 
registry law, passed by the late legislature, and approved Febru- 
ary 15, 1865, apply to the election of county superintendents of 
schools, but not to the election of trustees in school townships ; 
nor to the election of directors in school districts; nor to any 
other school district elections. This is clear from the fact that 
such elections as those for school township trustees, for school 
district directors, and other school district elections, are nowhere 
referred to iH the act, either in direct terms, or by warrantable 
implication — also from the fact that the machinery, methods of 
procedure, and duties prescribed in the act, are not applicable to 
such elections — and from the further fact that the restriction as 
to the right to vote contained in section 7, of the law, viz: "that 
no vote shall be received at any state, county, town, or city 
election,'''' itself conclusively defines the character and classes of 
elections to which the law was designed to apply. A school 
township election is certainly not a ''Hown election" within the 
contemplation of the act. Other reasons equally conclusive 
might be given in support of this opinion, but it is not necessary. 
It is clear, both from the plain reading of the act, and from the 
well known objects sought to be accomplished by it, that the 
registry law applies to no school elections, but those for county 
school superintendents. The foregoing decision is concurred in 
by eminent legal authority. 



OFFICIAL AND JUDICIAL DECISIONS. 205 

2. Notices for Elections. — Kotices of all township or district 
elections must be issued and posted up at least ten days previous 
to the time fixed for the election; these notices for township 
elections must be issued by the treasurer; for district elections, 
by the directors. Notices must state the day of the election, the 
place of voting, the hours of opening and closing the polls, and 
the questions to be voted upon. The time for election may be 
in the afternoon or evening, during reasonable hours, and time 
must be allowed for all to vote, which is determined by the offi- 
cers issuing the call. 

3. Failure to Call Elections or Issue Notices. — In case of 
failure of trustees to order elections to fill vacancies, or of treasurer 
to issue notices, that duty devolves upon the county superintend- 
ent. In case of such failure on the part of directors, the duty 
first devolves upon the township treasurer, and next upon the 
county superintendent, (§§ 25 and 42.) When the time for an 
election is fixed hy law, failure to issue notices does not make 
void an election held on that day. 

4. Failure to Hold Election. — When there was no election 
on the day fixed by law, the trustees or directors (as the case 
may lequire,) may issue notices as required by law, and hold the 
election on a subsequent Monday. I^ew notices may be issued 
and the election held two weeks later, or on any subsequent 
Monday. The old officers are not to hold over till the next 
regular election, if a new election can be held. 

5. Election Held on Wrong Hays, or Informally. — If an 
election is actually held on some other day than that fixed by 
law, or with some informality in the election, and it is ordered 
and acquiesced in by the former officers, the acts of directors or 
other officers holding their offices under color of right, are valid 
so far as third parties and the public are concerned, until the 
election is legally contested and set aside. A mere irregularity 
in conducting an election, which deprives no legal voter of his 
vote, and does not change the result, does not invalidate an elec- 
tion. The legality of an election does not depend upon the dec- 
laration of the board of election; if such declaration is withheld, 
or not made through illegal causes, the office will vest neverthe- 
less, for the authority, rights and powers of officers are derived 
from the election, and not from the returns. In contested elec- 
tions, the intention of the voters in casting their ballots should 



206 SCHOOL LAWS OF ILLINOIS, WITH 

control ; and effect must be given to that intention. {Peo'ple ex 
rel. V. Kilduff, 15 III., 492. People ex rel. v. Mattesoii, 17 III-.^ 
167. Piatt V. People, 29 III, 72.) 

6. Judges of School Eleotions. — At a first election in town- 
ship or district, the voters present select two judges and a clerk 
from their own number. Subsequently, at township elections, 
the trustees are judges, and in districts, the directors. In absence 
of these, judges are chosen as at first elections. Omission to 
swear the judges does not invalidate an election. People v. Mil- 
liard, 29 III., 423. If there is a tie on the question of receiving 
a ballot, it must be received ; the presumption being in favor of 
the voter. A plurality vote elects ; a tie vote for trustee or di- 
rector is decided by lot by the judges on the day of election. In 
all votes upon questions, a majority decides; and in case of a 
tie thereon, the proposition is lost. The judges of election cer- 
tify the poll book, and file it, for a township election, with the 
county superintendent, and for a district election, with the treas- 
urer. ( §§ 26 and 42.) 

7. Adjourmnent of Election. — School elections may be 
postponed or adjourned : 1. On account of the small attendance 
of voters. 2. Because the legal notices have not been given. 3. 
On the request of a majority of the voters present. But in case 
of postponement it is necessary, 1. That the judges, before ad- 
journing the election, organize themselves into an election board. 
2. That the adjournment be ordered by the judges, and not by 
the people present. 3. That a notice of the adjournment be writ- 
ten and posted up at the appointed place for election. Unless 
these conditions are complied with, the postponement of a school 
election amounts to nothing, and an election held the same 
day, within the time required by law, or designated in the noti- 
ces, by a sufficient number of inhabitants, qualified to vote, and 
organized into a regular board of election, will be legal and vaHd ; 
and the persons so elected, will hold their respective offices, not- . 
withstanding the informal postponement. A subsequent election, 
held in pursuance of such improper adjournment, will not be 
valid, the power of the voters, in the premises, having been ex- 
hausted at the regular election as aforesaid. ( People v. Brewer, 
20 111., 474. School Law, §§ 25, 42.) 

8. Other District Elections. — In case dii-ectors fail to order 
any regular or special election for directors, the law provides a 



OFFICIAL AND JUDICIAL DECISIONS. 207 

remedy. (§§ 25 and 42.) But the notices of all other district 
elections, such as to extend the term of schools, to build school 
houses, etc., can be given by the directors only. Unless a ma- 
jority of the directors concur in giving notice and calling such 
elections, the law prescribes no means of voting on such questions. 
'Eo other officers are authorized to order district elections except 
for directors. 

9. First Elections. — First elections in incorporated town- 
ships may be held on any Monday, notice being given by the 
trustees if there are any, if not, by the clerk of the county court. 
First elections in school districts may be held on any Monday, 
notice being given by the township treasurer. (§§ 25 and 42.) 

10. Manner of Contesting. Where a person is in any school 
office by color of right, and exercising the duties thereof, a quo 
warranto is the proper remedy for another person claiming the 
same office, and not a mandamus. A quo warranto is the proper 
writ to try the question of title to an office. A proceeding by quo 
warranto must be carried on in the name of the people. But to 
restrain a board of trustees or directors from doing an illegal or 
wrong act, or an act believed to be illegal or improper, a writ of 
injunction is the proper remedy. (15/??., 602. Scates' Comp.^ 
4:72. The People v. Forquer, Breese, 104. The Peojple v. Matte- 
son, 17 Jll, 167. Colton v. Banchett, 13 111, 615.) 

11. Eligibility of Voters and Officers. — No person can law- 
fully vote at any school election unless he is a citizen of the Uni- 
ted States ; has resided in the state one year next preceding such 
election, and thirty days in the school district or township in 
which the election is held. Any white person possessing the 
above qualifications, if of lawful age, may vote at any school elec- 
tion, except district elections on the question of raising money, in 
which case he must, in addition to the above, have paid a tax in 
said district the preceding year, or have been assessed in such dis- 
trict for the year in which such election is held. ]SI o person can be 
elected to any school office who is not a citizen of the United States, 
and who shall not have resided in this state one year next before his 
election, and who is not a resident of the proper district or town- 
ship. {Constitution of 111., art. 6, §§ 1 and 7. School Law, §§ 27, 
28, 42.) The law does not make ability to read and write a test of 
eligibility to school offices. The good sense of the people must be 
relied upon to prevent the election of such men to such positions. 



208 SCHOOL LAWS OF ILLINOIS, WITH 

The best and most intelligent men should be chosen for all edu- 
cational offices. 

12. Evidence of Election. — The poll book, with certificate of 
judges thereon, is the proper legal evidence of the election of a 
school officer ; and said poll book and certificate should be return- 
ed to the proper officer immediately after every school election- 
All voting at school elections, for officers, should be by ballot. 
{Const, of III, art. 6, § 2. School law §§ 30, 42.) 

13. Day of Election of Trustees Unchanged. — Township trus- 
tees of schools are elected on the second Monday in October, as 
heretofore. An amendment was proposed in the last legislature, 
requiring such elections, in counties under township organization, 
to be held on the day of the regular town-meeting, but it did not 
pass, being stricken out by both houses, as their records and the 
certificate of the secretary of state show. The appearance of that 
amendment in the volume of public laws of the last session, was 
a clerical error. The only change is that trustees must hereafter 
be elected on the second Monday of October annually., instead of 
biennially as heretofore. 

14. Must he Held on Monday. — All elections for school trus- 
tees and directors^ must be held on some Monday. This aj^plies 
both to stated annual elections, and special elections to fill vacan- 
cies. But all other district and township elections may be held 
on any day of the week ; such as to vote on borrowing money to 
build school houses, to locate school sites, to extend terms of 
schools, etc. The election of officers is the only school election 
that the law requires shall be on Monday, (§§ 25 and 42.) 

15. EHections in J^ew Districts. — When two districts are 
formed, by division, out of one, each district, having different 
territory and a different voting population from what it had be- 
fore, is to be regarded as a new district, and should therefore 
elect a new board of directors, who should draw lots for their re- 
spective terms of office, as in case of an original organization. 
The same should be done, and for the same reasons, when a new 
district is formed by the consolidation of two or more districts, 
except when the consolidation is made by the directors, under 
section 35, in which case the first new board is filled by ajtpoint- 
ment, instead of election. If two districts are consolidated by the 
trustees, and the number and designation of one of &e districts is 
retained as the number and designation of the new district, a new 



OFFICIAL AND JUDICIAL DECISIONS. 209 

board of directors should nevertlieless be elected. The voting 
population being changed by the consolidation, the question of 
who shall be directors of the new district should, of right, be refer- 
red back to the people. 

16. Rejection of Votes. — Any judge or clerk of a school elec- 
tion who shall knowingly admit any person to vote who is not 
quaMed by law, is liable to punishment by fine, etc. But when 
a vote is tendered, and the voter, being challenged, complies with 
the requirements of the law in such cases made and provided, the 
judges have no discretion, but must receive the vote, unless it is 
proven, to the satisfaction of a majority of the judges, that the 
voter has sworn falsely. {Spragins v. Houghton, 2 Scam., 408.) 

■ 17. Blank Ballots. — Where an election is held to vote on 
several designated propositions, and some of the ballots are blank 
in respect to one or more of said propositions, it is held that said 
blank ballots should not he counted against said one or more propo- 
sitions. Thus, if the propositions before the meeting are: to levy 
a tax to extend schools, and to enlarge the school house, (both 
propositions being voted on at tlie same time) — and if, fifteen 
voters being present, it is found that eight of the ballots are for 
the tax, and seven against — while but six ballots are for enlarge- 
ment, and four against, five of the ballots being silent or blank 
in respect to enlargement, hoth propositions are to be considered 
as carried, each having received "a majority of all the votes cast,'''' 
as required by section 48. In other words, blank ballots in school 
elections are not to be counted at all. I am aware that there is 
a different opinion upon this point, but the rule above given is 
believed to conform more closely to the language and meaning of 
of the school law, to the interests of schools, and to common sense. 
It simply requires a man who is opposed to a proposition, to 
say so, by his ballot, and refuses to allow a proposition to be 
either adopted or defeated by blank pieces of paper. 

18. Ballots Should Specify. — When two trustees, or directors, 
are to be chosen at an election, one to fill a vacancy and the other 
for a full term, or otherwise, as the case may be, the ballots should 
always specify the full term or vacancy, as the case may be, 
which the candidate voted for is to fill. Thus: "For trustee, (or 
director), for full term, Eichard Roe." "For trustee, (or direc- 
tor), to fill vacancy, John Doe," etc. But if the respective 
terms of office are not so designated in the ballots, then the same 
—15 



210 SOHOOL LAWS OF ILLINOIS, WITH 

must be determined by the persons elected, hy lot, on the day 
of election. 

19. Zioss of Poll Boole, — When an election is held on the day 
and in the manner required by law, and none of the facts that 
should ajDpear of record are at all in question, the loss of the poll 
book, accidentally or otherwise, does not invalidate the election. 
It is simply a case of lost record, which may be cured by the affi- 
davit of the judges and clerk, filed with the proper officers, setting 
forth the material facts, with the names of the persons elected, etc. 
The records of the district or township should also show the es- 
sential facts of such election. 

20. Province of County Superintendent in Township and 
District Elections. — When by the failure of the proper officers to 
order township or district elections, (§§ 25, 42), the duty de- 
volves upon the county superintendent, all that is required of 
him is to cause the requisite notices to be posted up in the man- 
ner and places prescribed by law. The election will then be 
held and conducted in the usual way, and by the officers or 
persons prescribed in the act — no further service in the premises 
is required of the county superintendent, who is entitled therefor 
to compensation at the rate provided in section 71 of the act. 

21. Qualifications of Officers, etc. — The judges and clerks 
in school elections should be sworn. ( School Law, section 27. 
Scales^ Comp., ^QQ.) But, as elsewhere stated, it is held that omis- 
sion to swear them does not, of itself, invalidate the election. 
Oaths may be administered to the officers of school elections by 
any judge, justice of the peace, notary public, county or circuit 
clerk, or any other person duly authorized by law to administer 
oaths or affirmations. A supervisor is not authorized to adminis- 
ter oaths to said election officers. {^Township Organization 
Laws, section 6, art. 8 ; and art. 9.) And if no such authorized 
person is present at the opening of the election, the judges thereof 
may administer the oaths or affirmations to each other, and to the 
clerks of the election ; and the pel-son administering the same 
should cause an entry thereof to be made and subscribed by him, 
and prefixed to the poll books. Q^cates' Conip., 467.) The school 
law does not require trustees and directors to be sworn before 
entering upon their duties, nor is there any officer or person de- 
signated in the act, or authorized, to administer official oaths to 
said school officers. 



OFFICIAL AND JUDICIAL DECISIONS. 211 

22. Questions May he Voted 07i a Second Time, etc. — An 
election for a school ojficei' is linal. The law provides for but 
one such election a year in each township or district, except in 
case of vacancy, etc. But it is held that no such limitation 
necessarily applies to voting upon school questions, such as extend- 
ing schools, borrowing money, choosing sites, etc. The only 
restriction (§ 48) is that ten days' notice must be given, as re- 
quired by section 42. Take the case of a school site, for instance : 
One may be chosen without due deliberation — or in ignorance of 
important facts in regard to title, etc. — or when but a very few 
voters were or could be present — or it may afterwards be deter- 
mined to divide or enlarge the district, rendering the site chosen 
inconvenient — or another and more eligible site, and at less 
cost, may subsequently be offered — these and many other equal- 
ly strong reasons may make it plainly for the interest of a district 
to reconsider the action taken, and to call another meeting for 
that purpose ; and it is held that it may legally be done, by the 
directors, upon proper notice as aforesaid. The inhabitants 
should have the largest liberty in such matters, compatible with 
the rights of others, and their rights in the premises are not re- 
stricted by either the letter or spirit of the law. If a former vote 
is reconsidered or rescinded, it must, however, be done before 
expenses are incurred by, or rights accrue to, other parties under 
the original vote. And if another meeting is called it must be 
by the directors, by whom all notices of district elections must 
be issued. ( § 42.) The directors have discretion in such cases — 
they cannot be compelled to call another meeting. But they are 
clearly empowered to do so, and should not dechne to issue the 
notices when it is the wish or request of a majority of the inhabi- 
tants of the district. 

23. Not to Hold Over. — It is clearly the intention of the law 
(§ 42) that school directors shall not hold over beyond the time 
for which they were respectively elected. To this end provision 
is made for ordering elections by other officers, when the duty is 
not performed by those upon whom it primarily devolves. Hence, 
if when the term of a director regularly expires, a successor is 
not elected, a special election must be called. And if said direc- 
tor should continue in office until the next regular election, his 
place must then be filled. In that case two directors must be 
elected— one for two years, to fill the place of the director whose 



212 SCHOOL LAWS OF ILLINOIS, WITH 

term expired the preceding August; the other, for three years, 
to fill the place of the director whose term then regularly expires. 
Default in electing a successor at the proper time, does not au- 
thorize a director to hold over another full term of three years. 



ADDITIONAL AND MISCELLANEOUS DECISIONS. 

[ Of the following decisions, some do not fall under any of the preceding 
heads, and others are upon points which have been determined since the former 
part of the book -was printed, and too late to be included in the classified ar- 
rangement ; and are therefore inserted here without any definite order of clas- 
sification. The object is to include the latest decisions of the ofiice upon points 
of general interest to school officers.] 

1. Costs of Suit. — In suits brought for the recovery of any 
debt due the school fund, counsel may be employed, when neces- 
sary, and a reasonable fee be allowed from the proper school fund. 
When such suits are unsuccessful no costs can be charged by any 
court before which the case is tried, nor by any constable, sherifl", 
etc. ( § 78.) But exemption from costs apphes only to the par- 
ticular class of cases designated in the act, namely, " where any 
agent of any school fund, suing for the recovery of the same, or 
any interest due thereon, is plwintiff^ and shall be, from any 
cause, unsuccessful in such suit." The clause, being restrictive 
of the common rule in respect to costs, must be limited, in con- 
struction to the particular cases described. It is not meant to 
grant immunity from costs where suits are brought and judgments 
rendered against school officers or their agents, but only when 
actions are commenced hy them, and are not successful. 

2. But One Bond Required. — ^No township treasurer is re- 
quired to execute more than one official bond. When a township 
lies partly in two counties, the treasurer will file his bond with- 
the county superintendent of the county in which the school sec- 
tion, or the greater part thereof, is situated ; and the certificate of 
said superintendent will be sufficient evidence to the superinten- 
dent of the other county, that the treasurer's bond has been filed 
according to law. 

3. Residence of School Oficers. — County superintendents 
must be residents of their respective counties. If they remove 
from the county, their offices are vacated, and must be filled as 



OFFICIAL AND JUDICIAL DECISIONS. 213 

other vacancies. {Soates' Comj?., T98.) Township trustees and 
school directors must be residents of their respective townships 
and districts. Upon their removal from the same, their offices 
become vacant, which vacancies must be immediately filled by 
special elections. As far as practicable, trustees should be chosen 
from different parts of the township. (§§ 24 and 42.) 

4. County Treasurers. — County treasurers are not entitled to 
any commission upon school taxes collected and paid over to 
them by county or township collectors. ( § 72.) 

5. Delinquent District Taxes. — Township treasurers are re- 
quired to pass to the credit of each district the amount of special 
tax levied and collected in each. To enable them to do so, the 
collector, when he pays over the amount collected, should fur- 
nish each township treasurer with a statement of the portion of 
said amount collected from each district, and a similar abstract 
should be fm^nished by the officer charged with the collection of 
delinquent taxes. This is clear from section 45 of the act, which 
requires the county clerk to deliver, on demand, to each township 
treasurer, a certificate of the amount due each district.^ which 
certificate, upon any other interpretation than the above, would 
be useless, unless the amount due from the whole township 
should be collected and paid over at the same time, which rarely, 
if ever, happens. The duty of furnishing such separate abstract 
is further evident from its absolute necessity, in order to enable 
township treasiu'ers to settle with districts as required by law. I 
am aware that collectors are not directly required by statute to 
furnish such abstracts, and that if they insist upon paying over the 
gross amount collected from each township, without regard to 
districts, the township treasurers cannot refuse to receive the 
money in that way. But from the district plats, and names of 
district tax-payers, on file in the office of the county clerk, the 
collector can easily make out a statement by districts, and there- 
by greatly promote the public interests in respect to school funds. 
This course has been pursued in many counties, with the best re- 
sults. But if the school taxes of each township are paid over to 
the respective treasurers in gross, without division, the treasurers 
must ascertain, from the list of tax payers, the respective amounts 
collected from each district. And in like manner when the de- 
linquent taxes are paid over. To this end every treasurer should 
require of directors that the certificate and lists of tax-payers, pre- 



214 SCHOOL LAWS OF ILLINOIS, WITH 

scribed in section 44, be furnisliecl in duplioate — one to be re- 
turned to the county clerk, and the other to be retained and filed 
for use. 

6. When Funds are not in Sand in Season for Apportion- 
ment. — School funds can only be apportioned by trustees on the 
very days fixed by law. As a rule, trustees should not apportion 
funds which are not actually in hand, but if, from unavoidable 
necessity, school funds due in April or' October, are not received 
at that time, I think trustees would be authorized to apportion^ in 
advance, and on the days fixed by law, such part of said funds as 
may be safely and surely relied upon. Said funds may then be 
paid out to the creditors of the district, as soon as received, instead 
of compelling said creditors to wait six months, till next apportion- 
ment day. But this course is only warrantable in special emer- 
gencies, or unavoidable delays, as aforesaid. 

7. Forfeiture of Schedule. — A six months' school is the es- 
sential condition of receiving the public school fund. If a district 
complies with this condition, but fails to return one of the sched- 
ules, said schedule is forfeited; but, if the trustees are satisfied 
from other evidence that the six months' school has been kept, 
they cannot exclude said district from the apportionment the suc- 
ceeding year. 

8. Apportionment on Census. — Schools may be taught, either 
in six consecutive months, or in diff'erent portions of the year. 
If a school is kept from October to April, consecutively, but no 
more, it is nevertheless entitled to its proper share of the one 
half of the public money appropriated on census the following 
October, and in the same manner, if the school should be taught 
continuously from April to October. Compliance with the six 
months' rule entitles a district to all the benefits of the public 
fund. 

9. Priority of Debts Due the School Fund. — It is held that 
the 6Gth section of the school law, in reference to the priority of 
debts due from the executors and administrators of the estates of 
deceased persons to the school fund, must be construed as so alter- 
ing or amending the 115th section of the statute of wills as to 
give said debts priority over all other claims against the estate of 
the deceased debtor, "except funeral and other expenses attend- 
ing the last sickness, not including the physician's bill." 

10. Mortgage does not Lose Priority. — A mortgage upon real 



OFFICIAL AND JUDICIAL DECISIONS, 215 

estate taken as security for school funds, does not lose its priority, 
if it has been recorded, by failing to foreclose when it becomes 
due. It retains its lien until the debt becomes barred by the 
statute of limitations. 

11. Claims in Favor of the School Fund, etc. — After a claim 
in favor of the school fund is allowed in the probate court, or is 
put into judgment, it thereafter, like all other claims, bears but 
six per cent. Trustees of schools have no right to transfer notes 
or mortgages given to the school fund. Whether a mortgage 
can be foreclosed for the interest, the principal not yet being due, 
is a question for the courts to determine ; it does not fall within 
the legitimate province of this department. I may add that I 
know of no decision directly upon the point. 

12. Sale of School Section in a Full Township. — The ques- 
tion has been submitted whether one half of the sixteenth section 
in a full township can be sold, there being more than one hun- 
dred, and less than two hundred inhabitants therein. It is clear 
that this question must be answered in the negative. The pro- 
vision for selling part of the school section only applies, and was 
only intended to apply, to fractional townships. Indeed the 
other construction would be absurd, for, after selling the first half, 
by parity of reasoning, the second might be sold in the same way, 
and thus the beneficent purpose of the law be directly violated. 
The hasty sale of school lands cannot be too carefully avoided. 

13. BooJcs and Blanlcs. — The law makes it the imperative 
duty of school officers to provide themselves with the several 
books and blanks required in the discharge of their respective 
duties, and they are earnestly enjoined to a faithful compliance 
with this provision of the act. ( §§ 42, 43, etc.) 

14. Cities and Incorporated Towns. — Schools in cities and in- 
corporated towns are managed and conducted in accordance with 
such special acts and ordinances as may be in force in relation to 
schools ; nor are such special acts, ordinances, etc., repealed or 
changed by the general school law as amended. But it is the 
duty of the school boards, or other officers, having charge of 
schools in cities and towns, to furnish the same statistical infor- 
mation as is required of corresponding officers in districts and 
townships, under the general law; and the said statistical reports 
must be furnished annually, and the rendering of said reports is 
a condition precedent to the right of any city or incorporated 



216 SCHOOL LAWS OF ILLINOIS, WITH 

town to receive any portion of the common scliool fund; of wHcli 
all county superintendents and others concerned must take due 
notice and govern themselves accordingly. ( § Y9.) 

15. Wlien Souse is too 8mall^ etc. — School directors have no 
power to build a school house without a vote of the people. 
(§ 48.) Nor have they any power to build a larger house than 
the people authorize. If the vote is only for a house 12 x 20, the 
directors cannot build one 36 k 48. If the house voted is too 
small to accommodate the children of the district, the directors 
should endeavor to obtain another vote for a larger house; if 
they fail in this, they must try to procure additional accommoda- 
tions, by renting, or otherwise. But if they can neither induce 
the people to authorize the erection of a house of proper size, or 
to enlarge the present house, nor obtain the additional room re- 
quired, by renting, or otherwise, then they must refuse to admit 
more scholars than the house can comfortably hold, no matter 
how many are thereby, for the time, excluded. They must not 
crowd and pack the house with papils, far beyond its limits, re- 
gardless of consequences to health and comfort. School directors 
are not required to perform impossibilities ; they are powerless to 
raise funds for building purposes without a vote of the inhabitants. 
They must leave no lawful means untried to provide accommoda- 
tions for all. But if they exhaust all their legal powers, without 
effect, the responsibility rests upon the inhabitants, not upon the 
directors. They cannot transcend their legal powers, nor can 
thoy be required to build or enlarge school houses at their own 
expense. But they have no right, because the needful authority 
to build is wrongfully withheld, to commit a greater wrong by 
jeopardizing the health, and even the lives, of the children, by 
admitting more than the house can safely accommodate. The 
law requires no such thing — humanity forbids it. 

16. School Taxes Collected from Persons of Color. — In town- 
ships where there are persons of color, a portion of the school 
fund equal to the amount of all school taxes, of every description, 
collected from such persons of color, must be allowed them, un- 
less, by consent, the children of a colored tax-payer are allowed 
to attend the public schools, in which case such tax-payer would 
have no just claim to receive back the school taxes paid by him. 
The requirement to refund is peremptory, and can be enforced by 
law. It is not conditioned upon demand being made by the col- 



OFFICIAL AND JUDICIAL DECISIONS. 217 

ored tax-payers; it is tlie duty of the trustees to ascertain the 
facts, and refund accordingly ; either to the individual tax-payers, 
or to some one of their number, who may be found authorized to 
receive the money. It is hoped that no board of trustees in the 
state is capable of the disgrace of withholding funds collected 
from colored persons, and expending the same for the support of 
schools from which the children of said colored tax-payers are 
excluded. 

17. Pupils from Unorganized Districts, etc. — In the ease of 
children of unorganized districts attending school in other dis- 
tricts, all that can be done is to allow the district in which the 
school is kept the benefit of the attendance of such children — 
since the requirements of section 35 cannot in that case be com- 
plied with, there being but one board of directors. Add the 
attendance of pupils from the unorganized district to that of the 
resident pupils, and apportion one-half of the fund on the aggre- 
gate attendance of hoth. In this way the district in which the 
school is taught will be reimbursed, in part at least, for the 
instruction of the scholars from the unorganized district. If 
children are sent from an organized district into another district 
to school, the former is liable for its full proportion of the wages 
of the teacher, as shown by the separate schedule, and must levy 
a special tax to pay the same, if necessary. This applies to or- 
ganized districts which have forfeited the public funds by failing 
to maintain six months school as required by law. It is a funda- 
mental rule of the law that every organized district shall pay the 
amount certified to be due the teacher of the school to which its 
children are sent, and the claim can be collected by law. 

18. Liabilities of Retiring ScJiool Officers. — The money in 
the hands of the county superintendents and township treasurers, 
on their retirement from office, is the property of the county or 
township, to be used for school purposes ; and it is their duty to 
deliver it over specifically, or in funds of equivalent value, to 
their successors in office. If the money was of par value when 
received by them, and, being retained by them after their official au- 
thority over it ceases, it subsequently depreciates, the loss falls on 
them. {Hamilton V. Coolc County,^ Scam., 61%.) A county super- 
intendent, or township treasurer, is not entitled to any commissions 
upon funds paid over to a successor, as this would involve the 
deduction of two commissions from the same funds, which is 



218 SCHOOL LAWS OF ILLINOIS, WITH 

contrary to tlie intent of the law. The correctness of this view 
of the case is further apparent from the fact that a number of 
changes of incumbents may occur before a given sum of money 
is finally disbursed or loaned, and if each retiring officer retains 
two per cent, when he turns over the money, a large part of the 
original amount might be absorbed in commissions. 

19. Township Treasurers to Call for Funds. — It is the duty 
of township treasurers to call upon the county superintendent for 
the funds due their respective townships, upon being duly notifi- 
ed that the same are ready for distribution. (§ 19.) 

20. Action on Treasurer's Bond — How and Where Brought. — 
In all cases where recourse by suit on a township treasurer's bond 
becomes necessary, the suit should be brought by the board of 
trustees, in their corporate capacity, in the circuit court. {Thomp- 
son V. Board of Trustees^ 30 111., 99.) 

21. Name and Style of Districts. — Every school district must 
be designated by some number, (§ 48), and no district should 
have but one number. When two districts are consolidated, the 
new district should take the number of one of the constituent 
districts, and not of both. Such a designation as district num- 
ber 4c and 5, for instance, is improper — it should be either one 
or the other. The rights and claims of parties against a school 
district are not impaired by a change of the name or number 
of said district. If a teacher or other person have a legal claim 
for services, etc., against district number one., and before said 
claim is satisfied, said district, by consohdation or otherwise, is 
changed to number two., said claim is as valid against the dis- 
trict by its new number as by its original number, and may be 
enforced accordingly. The corporation continues ; the designation 
only, is changed. ( 11 HI., 659. 28 111., 133.) 

22. Appeals.-— \t is the duty of county superintendents to 
hear and (ietermine all controversies arising under the school 
law, (§20), and to inform the parties concerned that such 
cases should not be submitted to, and cannot be entertained by, 
this department, until they have been passed upon by the county 
superintendent, as required by law. This applies only to ques- 
tions of a controversial character. County superintendents will 
be careful, in appeals, to state all the material facts, to the satis- 
faction of the parties, for the decision of the state superintendent 
will always be rendered upon the statement given and certified 



OFFICIAL AND JUDICIAL DECISIONS. 219 

by the county superintendent. Where an agreed case cannot be 
made up, the county superintendent will state the facts of the 
case to the best of his knowledge and belief, and attach his certi- 
ficate thereto, and the opinion of the state superintendent will be 
based upon such certified statement. Attention to these points 
will save parties, and this ofiice, from much unnecessary trouble, 
and greatly promote the quiet, prompt and satisfactory adminis- 
tration of the school system. 

23. Official Papers Cannot be Returned. — Section 3 of the act 
requires the state superintendent to file., Iceep and preserve, all 
books, reports, papers, and other public documents, coming into 
his hands as state superintendent. This embraces all letters, 
papers, and documents of Qv&rj description, addressed to the 
state superintendent upon any official business relating to the 
educational or other duties of his office, and is the reason why he 
cannot return such papers, etc., to the writers, as is sometimes 
requested. He is obliged to file them. Correspondents should 
therefore retain copies of such papers as they wish to preserve ; 
or transmit in duplicate, in which case one copy will be returned, 
if desired. Attested copies of any ofiicial paper will be cheerfully 
furnished, when requested, but the originals cannot be returned. 

24. Principal of Township) Fund. — The entire interest of 
the township fund on hand must be distributed in April and 
October. It has been supposed, from section 62 of the act, that 
boards of trustees have some discretion in the matter, and may 
in some cases set apart a portion of said interest to be added to 
the principal. This is a mistake. A subsequent section, {'oQ), 
declares that no part of the interest of the township fund shall 
be carried to the principal, but that the whole of such interest, 
rents, profits, etc., shall be distributed semi-annually; and the 
requirements of section QQ must govern. 

All fines and penalties collected from trespassers upon common 
school lands must, however, be added to the principal of the 
township fund. {See fi-'st part of section 82.) So, also, the 
amount collected from purchasers of school lands, for failure to 
secure the payment of the purchase money, as required by law, 
must be added to the principal of the township fund. ( See section 
89.) 

25. Subscription Papers. — Where several persons sign a sub- 
scription paper, payable to a teacher, whereby each one agrees to 



220 SCHOOL LAWS OF ILLINOIS, WITH 

pay the sum set opposite to liis name, as tuition for tlie instruc- 
tion of liis children, and the school is taught by the teacher, 
according to the terms of the agreement, an action may be 
maintained by the teacher against any subscriber who neglects 
or refuses to pay his subscription. This applies not only to what 
are known as "subscription schools," but also to subscribers 
where a teacher is authorized by the directors to receive, as 
additional compensation, such tuition fees from non-resident 
pupils attending the school, as may be agreed upon between 
the teacher and the parents of such non-resident pupils. Such 
arrangements are not recommended, in connection with the 
jDubhc free schools, but if made, payment may be enforced by 
the teacher against each subscriber. The directors, however, 
have no responsibility in such cases — the transaction is wholly 
between the teacher and his subscribers. If the latter do not 
pay, the teacher must look to them and not to the directors. 
{Bobertsonv. March, ^ Scam., 1%'^.) 

26. Personal Proi^erty — Where Taxable Under the School 
Law. — "While personal property generally follows the residence 
of the owner, and is there taxable; yet if permanently located else- 
where, it may, under the school law, be taxed where so located ; 
and a party who complains of a school tax, as levied in a certain 
district, must show that the property was not taxable in such district. 
( Mills V. Thornton, 26 111, 300. King v. McDrew, 31 HI., 418.) 

27. School Pi'ojjerty — When Exemj^t from Taxation. — In 
order to exempt school property from taxation, it must be held 
by the school directors, under such title as will give them the 
right to possess and control it at all times for the use of the 
district. The fact that property may have once been used for 
the piu'poses of a public school, does not of itself give it the 
character of public school property, after it ceases to be so used. 
The school property which is exempt from taxation by statute . 
embraces all lands donated for school purposes and not sold or 
leased — all public school houses, with their books and furniture, 
etc., and the grounds attached to such buildings necessary for the 
proper occupancy use and enjoyment of the same, and not leased 
or otherwise used with a view to profit. Exemption from tax- 
ation, so far as property of public schools is concerned, is 
limited to such property as is actually used for school purposes 
and is subject to the actual and exclusive control of boards of 



OFFICIAL AND JUDICIAL DECISIONS. 221 

school directors. Hence real estate, or other property, coming 
into the possession of school districts' in satisfaction of debts, etc., 
and not actually used for school purposes, is not entitled to the 
benefit of the exemption provided by the statute. {Scates^ Comp.^ 
1030. jPace v. Go. Commissioners, 20 HI., 644.) 

28. Commissions on Delinqtient arid Railroad Taxes. — It is 
held that the commission of two per cent, prescribed by section 
45, applies to all special district taxes, including delinquent and 
railroad taxes. I am not aware of any exception in the case of 
railroad taxes, nor that there is any late change in relation to the 
fees of county treasurers, except in the act approved February 
16, 1865, which however only applies to revenue assessed for 
county purposes, and to certain designated counties. 

29. Foreign Languages in the Public Schools. — It was the 
object of the legislature, in the last clause of the 50th section of 
the act, to allow the introduction into the public schools of the 
state, of additional and higher branches of study than those 
enumerated in the former part of said section, when the circum- 
stances of a district and the best interest of the schools should 
seem, in the judgment ot the directors, to authorize it. It was 
especially contemplated by said clause to allow the establishment 
of high schools as a part of the public school system of the state. 
In conformity with that permissive clause, the higher branches 
of learning are taught in many of the public schools of the 
state, and with the best results.- But there is nothing in the 
provisions of the 50th section, or any other part of the act, that 
will warrant or justify the establishment or maintenance, at the 
public expense, of any other than English schools ,' by which 
term, as used in the law, is meant such schools only as have for 
their object the teaching of various branches of an English edu- 
cation, and in which the common medium of communication is 
the English language. The teaching of higher branches, such as 
languages and mathematics, is incidental and collateral, and must 
not be allowed to divert any public school from the great purpose 
contemplated by the legislature in the establishment of the sys- 
tem. Accordingly, the German, French, or other foreign 
language, may be taught in the public schools, when deemed 
expedient, and when the teaching thereof will not crowd out or 
interfere with the branches specifically required by law. But in 
the teaching of such foreign languages the medium of communica- 



222 SCHOOL LAWS OF ILLINOIS, WITH 



tion must in all cases be the English language — ^the schools in which 
such foreign language may be taught must constantly retain the 
distinctive character of English schools. In other words, Ger- 
man may be taught in a public school, the same as Latin or 
algebra, if circumstances will justify ; but in teaching that lan- 
guage, or any other, the character of the school as an English 
school must not be changed — the common medium of communi- 
cation in the school must continue to be the English .language. 
The teaching of Grerman, in the manner jperinitted hy the act, does 
not make the school a German school, any more than the teach- 
ing of the classics, as contemplated by law, changes the character 
of the school from an Enghsh school to a Latin or a Greek school. 
If the common medium of communication be changed from the 
English language to the German, or other foreign language, 
such school ceases to be conducted according to law, and, by the 
express terms of the act, is no longer entitled to the public funds. 
Such a thing as a German school, or a French school, properly 
so called, is utterly unknown to the common school laws of this 
state. The language of the statute is, " everj^ school established 
under the provisions of this act shall be for the purpose of 
instruction in the various branches of an English education; and 
no school funds shall be appropriated under this act for any 
other class or description of schools.''^ This is explicit and per- 
emptory, and must govern in all cases where it is not superseded 
by special acts of different import. The schools established must 
be such as the law requkes, or they cannot have the benefit of 
the public funds. If the directors use the public funds for any 
other description of schools, they ai'e personally liable. The 
intention of the law is clear not. only from the 50th section, from 
which I have quoted, but also from many other parts of the act, 
especially the forms of teachers' and directors' certificates, in 
section 53, etc. It follows from the foregoing view, that the 
practice of keeping an English school during one part of the day, 
and a German school the other part — or of maintaining an En- 
glish school during certain months of the year, and a German 
school during certain other months, and allowing all to share 
alike in the use and benefit of the public funds, is contrary to 
law and must be discontinued. The one great and wise purpose 
of the legislature in these provisions is, not to undervalue or 
discourage the teaching of the German language, (a knowledge 



OEFICIAL AND JUDICIAL DECISIONS. 223 

of which has come to be almost indispensable in this country ), 
but to bring to bear the powerful influence of our public school 
system in familiarizing all classes and nationalities of our people 
with the vernacular tongue, as the national language of the 
republic. {See Bemarhs on page 95, ante.) 

30. School Officers and Road Taxes. — The term, "working 
on the roads," as used in section 72 of the school law, includes 
all assessments on school officers of road labor., and all taxes in 
money levied in lieu of labor. But all other road taxes levied 
must be paid by school officers, the same as by other persons. 



CALENDAR OF SCHOOL ELECTIONS AND DUTIES. 

1. State Superintendent of Public Instruction — Tuesday after first Monday of No- 
vember, A. D. 1866, and quadrennially thereafter. 

2. County Superintendents of Schools — Tuesday after first Monday in November, 
1865, and quadrennially thereafter. 

3. Trustees of Schools — One annually, on first Monday in October. 
4:. School Directors — One annually, on first Monday of August. 

5. Beport of State Superintendent to Governor — December 15, biennially. 

6. County Superintendent's Beport to State Superintendent — Second Monday of 
November, annually. 

7. Begular Meetings of Trustees — First Mondays of April and October. 

8. Beport of Trustees to County Superintendent — Second Monday of October, 

annually. 

9. Beturn of Directors'' Tax Certificate to Township Treasurer — First Monday of 

September, annually. 

10. Beturn of same by Township Treasurer to Cleric of County Court — Second Mon- 
day of September, annually. 

11. Payment of District Tax Funds by Collector to Township Treasurer — First of 
April, annually. 

12. Delivery of Schedules to Directors — As soon as completed. 

13. Beturn of Schedules \to Township Treasurer by Directors — On or before the 
Saturday preceding the first Monday in Api-il and October. 

14. Statement of Township Treasurer to Board of Trustees — First Mondays of April 
and October. 

15. Settlement of Township Treasurers with Boards of Directors — First Mondays of 
April and October. 

16. Payment of Auditor's Warrant by Collector— On or before the first day of 
March, annually. 

17. Beports of Clerics of Courts of Becord, and Justices of the Peace, to County 
Superintendents — On or before the first of March, annually. 

18. School Tear —Commences October 1 ; ends September SO. 

19. New School Law took effect February 16, 1865. , 



rOEMS OF SCHOOL I^STRUMEI!^TS. 



By general request I subjoin suggestive Forms of the principal 
instruments required by the school law, which, it is beheved, 
will be found convenient and useful, and contribute toward 
greater uniformity and correctness in the transaction of ^financial 
and general school business. Those instruments upon which the 
safety of the public funds depends, such as bonds, mortgages, notes, 
etc., are drawn with particular care and fullness, and are believed 
to be all that is recjuired by existing statutes. Some of them are 
lengthy, and technical, but not too much so to guard against the 
various pleas and defences that may be set up by persons seek- 
ing to evade their obligations. It is some trouble, to be sure, to 
school oflBcers, to prepare papers of such length and formality, 
but much less than it would be to prosecute or defend a suit 
upon insufficient or carelessly drawn instruments. A few lines, 
more or less, may save the school fund, or prevent a lawsuit. 
"Form is not law, but law is form," and due attention to this 
maxim is the easiest way to secure the prompt payment of money 
due, and the faithful performance of duties imposed and obhga- 
tions incurred. In the instruments of a different character, 
Y^^here technical fullness and exactness of statement are not essen- 
tial, the greatest conciseness and brevity have been sought for. 
I need not say that the literal use of these Forms, or any of 
them, or of any particular set of Forms, is not esseritial to the 
validity of a school instrument, or of any other instrument, unless 
the statute prescribes and requires some specific Form. Any 
Form may be used, which is not contrary to law, and which clearly 
expresses the intention of the parties. In this sense, the annexed 
Forms are only advisory. But as they are all believed to be 
good and sufiicient, their use is recommended, unless heiter ones 
are substituted. The Forms are arranged in the same order as 
the decisions, beginning with those pertaining to county superin- 
tendeuts, and continuing through the successive gradations of offi- 



FORMS OF SCHOOL INSTEUMENTS. 225 

cers ; while, for convenience of reference, they are nnmbered con- 
secutively to the end. In some of the instruments, many blanks 
are necessarily left to be filled, to meet the varying circumstances 
of each case — in others, but little is left to be supplied. The 
course proper to be pursued is sufficiently indicated in all cases. 
Especial care is recommended in calling and conducting school 
elections, whether to vote for officers, or on questions of school 
policy. In all such meetings, the prescribed formalities should 
be carefully observed, and the returns promptly made. The 
books of every township and district should also show a record of 
the proceedings and results of every school election. 



1. RECEIPT TO COUNTY SUPERINTENDENT. 

$ Illinois, 18... 

Received of , county superintendent of. county and state of 

Illinois, the sum of xoo dollars, this being the amount due from 

said county superintendent to township No , range , in said county. 

Township Treasurer. 



2. NOTE TO COUNTY SUPERINTENDENT. 

$ 18 

after date, for value received we jointly and severally promise to 

pay to , county superintendent of county, and to his succes- 
sors in office, for the use of the inhabitants of said county, the sum of 

dollars, and interest thereon, at the rate of. per cent, per annum, from date 

until paid, payable ssmi-annually in advance. And we further agree to give 
any additional security which said county superintendent may at any time re- 
quire ; and no extension of the time of payment, with or without our knowledge, 
by the receipt of interest or otherwise, shall release us or either of us from the 

obligation of payment. [seal.] 

[seal.] 

[seal.] 



3. certificate of county superintendent in appeals. 

Office of County Sup't, \ 

County, 18... / 

To , State Supt. Pub. Inst.: 

Sir : I transmit, herewith, a full and correct statement of the facts, and the 

documentary evidence presented tome, in the case of vs , together 

with my decision thereon, from which, appeal has been taken to the state de- 
partment. 

I certify that the accompanying statement is correct, to the best of my know- 
ledge and belief. 

County Sup't, County. 

—16 



226 roKMS OF school instkijments. 

4. renewal of teacher' s certificate. 

Office of County Sup't, ) 

County, , 18. ...J 

The within certificate is hereby renewed, and will be good and valid in this 

county during ... year... from the date hereof. 

County Sup^t County. 



5." revocation of certificate. 

Office of County Sup't, ") 
County, , 18... j 

In virtue of the aiithority conferred by the 50th section of the amended school 
law of 1865, and for good and sufficient cause to me appf^aring after careful 
investigation, and in the belief that the public good and official duty alike re- 
quire it, I, county superintendent of schools of county, state of 

Illinois, do hereby revoke and cancel the certificate of , a teacher, now 

of the county and state aforesaid. Said certificate bears date 18 , 

being of the grade, and signed by , county superintendent of said 

county. From and after the date hereof no public school funds can lawfully 

be paid to the said _..., for his services as teacher, until he shall again 

become the possessor of a legal certificate. All school officers, and the public, 
will take due notice hereof, and govern themselves accordingly. 

Dated this day of 18 

County Superintendent County. 

[The foregoing form of revocation may be used when the teacher refuses to 
deliver up his certificate, and publicity is required. In other cases, where the 
cause or offence is not flagrant, and the instrument is quietly surrendered on 
request of the superintendent, none but the parties immediately concerned need 
be apprised of the transaction. Seepage 113, ««<£.] 



6. MORTGAGE BY HUSBAND AND WIFE TO COUNTY SUPERINTENDENT. 

This indenture, made this day of , a. d. 18..., between A. B., and 

C. D., wife of the said A. B., party of the first part, and E. P., county superin- 
tendent of schools of the county of , and his successors in office, party 

of the second part, Witnessetli : That the party of the first part, for and in con- 
sideration of the sum of dollars, to them in hand paid by the party of 

the second part, the receipt whereof is hereby acknowledged, have bargained, 
sold, aliened, released, conveyed and confirmed, and by these presents do bar- 
gain, release, sell, convey and confirm unto the said party of the second part, 
forever, all that certain tract of land known and described as follows to wit: 
\_IIere insert description of land."] Together with all the tenements, heredita- 
ments and appurtenances thereunto belonging or in anywise appertaining, and 
also all the estate, right, title and interest, dower and right of dower, property 
possession, claim and demand whatsoever, of the said party of the first part. 

And for the consideration aforesaid, the party of the first part hereby waives 
and releases, confirms and transfers, and forever relinquishes to the said party 
of the second part, all right, interest or title they now have or may hereafter 
acquires, in and to the real estate hereinbefore described, by virtue of a law of 
the state of Illinois, approved February 11th, a. d. 1851, entitled "An act to 
exempt homesteads from sale on execution," and all laws amendatory thereof; 
to have and to hold the above mentioned and described premises, with the ap- 
purtenances thereunto belonging, unto the said party of the second part, for- 
ever. 

This conveyance is intended as a mortgage to secure the payment of the sum 

of dollars in years from the date hereof, together with interest at 

the rate of ...per cent., payable semi-annually in advance, according to the 
condition of a certain promissory note bearing even date herewith, executed 



FORMS OF SCHOOL ' INSTEUMENTS. 



227 



by the said A. B. to the said party of the second part; and these presents shall 
be void if such payment be made. But in case default shall be made in the 
payment of the principal or interest, or any part thereof, at the time and in the 
manner that the same shall become due and payable by the terms of these 
presents, as above provided, then the party of the second part is hereby em- 
powered to sell the premises above described, with all and every of the appur- 
tenances, or any part thereof, in the manner prescribed by law, and out of the 
money arising from such sale to retain the said principal and interest, together 
with the costs and charges in making such sale, and the overplus, if any there 
be, shall be paid by the party making such sale, on demand, to the party of the 
first part, their heirs or assigns. And the said A. B., for himself, his heirs, 
executors and administrators, doth covenant and agree to pny unto the said 
party of the second part, the said sum of money and interest as above men- 
tioned and as expressed in the conditions of the said note. 

In witness whereof the party of the first part have hereunto set their hands 

and seals this day of a. d. 18.... 

A. B. [seal.] 
C. D. [seal,] 

State op Illinois, ") 
County. j 

Before me, the undersigned, , within and for the county aforesaid, 

came , who personally known to me as the real person... by whom 

and in whose name the above conveyance was executed, and by whom and in 
whose name the same is proposed to be acknowledged, and who then severally 

acknowledged signatures thereunto to be free and voluntary act 

and deed, for the purpose of waiving and releasing all right, title and interest 
in and to said land by virtue of the homestead exemption laws of said state, 

and for all other purposes therein expressed ; and the said ..., being by me 

first examined separate and apart from her said husband, and the contents of 
said conveyance being first made known to her, acknowledged that freely and 
voluntarily, without any compulsion or coercion from her said husband, she 
executed the same and forever released and waived all right, interest, or title to 
the said real estate, by virtue of the homestead exemption laws of said state, 
relinquished all her right to the claim of dower in and to the lands and tene- 
ments in said conveyance described, and sold, transferred, and conveyed all her 
title in fee simple or right by inheritance in and to the real estate aforesaid, 
and that she does not wish to retract the same. 

Given under my hand and seal this day of , A, D. 18.... 



Y. magistrate's report to county sup't. 

Report of the docket of magistrate, in township ..., range ..., county of 

, state of Illinois, made on the... day of 18.... 



Names of persons Date of 
fined. 1 fine. 



Amount 
of fine. 



Amount 
Collected. 



Ain't transmitted 
to county sup't. 



Name of ofiBcer. 



Magistrate. 

To , County BupH. 

State of Illinois, ) 

County. J ■ I, , on oath, say that the above statement 

by me rendered, is correct. This day of 18 

, Magistrate. 

[ The party making this report, being himself a justice of the peace, it is 
deemed suflScient for him to vouch for its correctness on his own official oath as 
a magistrate.] 



228 FORMS OF SCHOOL EN^STKinMENTS. 

8. stjpeeixtexdest's account agaixst county foe services. 

, 18 County, 

To Dr. 

For days of service rendered as county superintendent of schools, 

@ S3, 00 per day, S 

I, , on oath, state that the above account by me rendered against 

county, is correct and true. 

Sup't Schools, said county. 



Subscribed and sworn to before me this 



daj- of A. D. 18.... 



} 



y. MORTGAGE TO TRUSTEES. 

This indenture, made this day of ....... a. d., 18..., between A.B. and C. D., 

wife of A. B., party of the first part, and the board of trustees of township , 

range , in the county of and state of Illinois, party of the second part, 

Witnesseth: That the party of the first part do hereby grant, convey and transfer 
to the party of the second part, for the use of the inhabitants of said township, 
the following described real estate, to-wit: [_IIere insert description of premises.^ 
Which real estate, the party of the first part declares to be in mortgage for the 
payment of dollars loaned to the party of the first part, and for the pay- 
ment of all interest that may accrue thereon, to be computed at the rate of ... 
per cent, per annum, payable semi-annually in advance, until paid : and the 
party of the first part does hereby covenant to pay the said sum of money in 

years from the date hereof; and the party of the first part hereby covenant 

that they have a good and valid title to said estate, and that the same is free 
from all incumbrance; the party of the first part agrees to pay all taxes and 
assessments which may be levied on said estate : and they also agree to give 
any additional security that may at any time be required by the party of the 
second part; and if said estate be sold to pay said debt, or any part thereof, or 
for any failure or refusal to comply with or perform the conditions or covenants 
herein contained, the party of the first part agrees to deliver immediate posses- 
sion of the premises. And for the consideration aforesaid, the party of the 
first part hereby waives and releases, confirms and transfers, and forever re- 
linquishes to the said party of the second part, all right, interest or title they 
now have, or may hereafter acquire, in and to the real estate hereinbefore de- 
scribed, by virtue of the law of the state of Illinois, approved February 11, 
1851, entitled "An act to exempt homesteads from sale on execution."' and all 
laws amendatory thereof. And in consideration of the premises, C. D., wife of 
the said A. B., doth hereby release to the said party of the second part all her 
right and title to dower in the aforesaid premises for the purposes aforesaid. 

In witness whereof the party of the first part have hereunto set their hands 

and seals, this day of , a. d. 18 

A. B. [seal.] 
C. D. [seal.] 



State op Illinois, 
County. 



i ss. 

Before me, the undersigned within and for the 

county aforesaid, came , who personally known to me as the real per- 
son, by whom and in whose name the above conveyance was executed, and by 
whom and in whose name the same is proposed to be acknowledged, and who 
then severally acknowledged signature thereto to be free and volun- 
tary act and deed for the purpose of waiving and releasing all right, title and 
interest in and to said land by virtue of the homestead exemption laws of said 

state, and for all other purposes therein expressed ; and the said being by 

me first examined separate and apart from her said husband, and the contents 



POEMS OF SCHOOL INSTRUMENTS. 229 

of said conveyance being first made known to her, acknowledged that freely 
and voluntarily, without any compulsion or coercion from her said husband 
she executed the same, and forever released and waived all right, interest or 
title to said real estate, by virtue of the homestead exemption laws of said 
state, relinquished all her right to the claim of dower in and to the lands and 
tenements in said conveyance described and sold, transferred and conveyed all 
her title in fee simple or right by inheritance in and to the real estate afore- 
said, and that she does not wish to retract the same. 

Given under my hand and seal this day of , a. d., 18.... 

[SEAIi.] 



10. TOWNSHIP treasurer's BOND. 

State op Illinois, \ 
County. J 

Know all men by these presents, that we, A. B., CD., and E. F., are held and 

• firmly bound, jointly and severally, unto the board of trustees of township , 

range , in said county, in the penal sum of dollars, for the payment of 

which we bind ourselves, our heirs, executors, and administrators, jointly and 
severally, firmly by these presents. 

In witness whereof, we have hereunto set our hands and seals, this dav of 

,A. D. 18.... 

The condition of the above obligation is such, that if the above bounden 
A. B., township treasurer of township , range , in the county afore- 
said, shall faithfully discharge all the duties of said office, according to the 
laws which now are or may hereafter be in force, and shall deliver to his suc- 
cessor in office all moneys, books, papers, securities, and property in his hands 
as such township treasurer, then this obligation to be void ; otherwise to re- 
main in full force. 

A. B. [seal.] 
Approved and accepted by C. D. [seal.] 

G. H 1 E. P. [seal.] 

I. J. y Trustees. 
K. L. 



11. SEMI-ANNUAL EXHIBIT TO DIRECTORS. 

In compliance with the requirements of section 63, of the amended school 

law of 1865, the undersigned, treasurer of township. ..k.., range , in 

county, hereby certifies that the following is a true and correct statement of 

the amount of funds now in his hands, belonging to district No , in said 

township, viz : 

Amount of state and county fund $ 

" " interest on township fund 

" " district tax fund 



Dated this day of , A. d. 18 

Township Treasurer. 



12. RECEIPT TO TOWNSHIP TREASURER. 

Received ....18 , of the treasurer of township , range.. 

county of , the sum of dollars, on account of district No. 

township , range , in the county of 



230 FORMS or SCHOOL INSTEUMEKTS. 

13. TOWNSHIP ELECTION NOTICE. 

Notice is hereby given, that on Monday, the ... day of next, at , 

in township No. ..., range .,., county, Illinois, an election will be held for... 

school trustee. ..for said township. Which election will be opened at... o'clock, 
... M., and will continue open until ... o'clock, ... M., of the same day. 

By order of the trustees of schools of said township. 

Toivnship Treasurer^ 

Dated 186.... 



14. POLL BOOK. 

List of voters at an election held at , in township No , range No , 

county, Illinois, on Monday, the ... day of , 18.... 

State op Illinois, \ 

County. j 

We, , , , judges, and , clerk, do solemnly swear 

that we will perform the duties of judges and clerk, according to law and the 
best of our abilities ; that we will studiously endeavor to prevent fraud, deceit 
and abuse in conducting the same. 



■ Judges of election. 
Clerk of election. 
Subscribed and sworn to before me this ... day of 18. 



No. 



Names of Voters 



15. TALLY LIST. 

Tally list of an election held at , in township No. ..., range No. ..., 

in the county of 111., for school trustee for said township, on the ... day 

of , 18.... 



Names of persons voted for. 



Tallies. 



16. RETURNS OP TOWNSHIP ELECTION. 



At an ELECTION held at , in township No. ..., range No. ..., in the 

county of , Ills., on the ... day of 18..., the following persons re- 
ceived the number of votes set opposite to their respective names, for the office 
of school trustee of said township : 



Names of persons voted for. 



Whole number of votes cast for each person. 



Certified by us, 

'Judges of election. 
Attest, 

Clerk of election. 



FOKMS OF SCHOOL IISTSTEUMENTS. 231 

17. NOTE TO TOWNSHIP TREASURER. 

f 18 

after date, for value received, we, jointly and severally, promise to 

pay to the board of trustees of schools of township , range , in the 

county of , for the benefit of the inhabitants of said township, the sum 

of dollars, with interest thereon, at the rate of per cent, per annum, 

from date until paid, payable semi-annually in advance. And we further 
agree to give any additional security which said trustees may at any time re- 
quire; and no extension of the time of payment, with or without our know- 
ledge, by the receipt of interest or otherwise, shall release us or either of us 
from the obligation of payment. [seal.] 



.[seal.] 
.[seal.] 



18. semi-annual statement to trustees. 

. As required by the 63d section of the amended school law of 1865, the under- 
signed, treasurer of township , range , county, herewith lays before 

the boardof trustees of said township, a true and correct statement of the amount 
of interest, rents, issues and profits that have accrued on the lands and funds 
of said township since the last semi-annual meeting, together with the present 
condition of said funds, and the amount now on hand, viz: 

Amount of interest on township fund, received f 

" " rents on townshijj lands, received 

" " state fund on hand 

" " interest on county fund on hand , 

[Add other items as the case may require.] 

Dated this day of a. d. 18 

Toivnship Treasurer. 



/ 



19. CERTIFICATE OF TOWNSHIP MAP. 



In compliance with the requirements of the 33d section of the amended 
school law of 1865, the undersigned, president and clerk of the board of town- 
ship trustees of schools, of township , range , in county, Illi- 
nois, do hereby certify that the accompanying map is a true and correct plat 
of the school districts in said township, as now organized. 

Dated this day of , A. d. 18... 

Clerk. President of the Board. 



20. directors' bond for BORROWED MONEY. 

Know all men by these presents, that school district, No , in township 

No , range No...., in county, state of Illinois, is indebted unto in the 

sum of dollars, for money borrowed, according to the instructions of the vo- 
ters of said district, expressed by a vote as prescribed by the forty-seventh section 

of the school law of 1865, to be paid in year. ..from date, with interest 

thereon from the date hereof, at the rate of.. .per cent, per annum, interest pay- 
able annually. 

Dated this day of , 18.... 

In witness whereof, we, the school directors of said district, have hereunto 

set our hands and seals. [seal.] 

[seal.] 

[seal.] 



232 FOEMS OF SCHOOL INSTRUMENTS. 

21. DISTRICT ELKCTION NOTICE. 

Notice is heerby given, that oq Monday, the day of 18 , an 

election will be held at , in school district No , township , 

range , county of , and state of Illinois, for the purpose of electing 

school director... for said district. The polls will be opened at o'clock 

M., and closed at o'clock M., of the same day. 

Dated this day of 18 



Scliool Directors. 



[Notices of meetings to vote on various business questions may be in substan- 
tially the same form, except that such meetings are not required to be held on 
Monday, but may be held on any other day of the week. The various ques- 
tions to be voted on should be clearly stated, and it is recommended that each 
question or proposition be voted upon separately. The poll book, tally list, and 
returns of district elections, are substantially the same as of township elections, 
forms for which have already been given.] 



22. directors' tax certificate. 

We hereby certify, that we require the rate of to be levied, for school 

purposes, on all the taxable property of our district, for the year 18 , and 

also that the following is a list of tax payers in said district. 

(Directors of District No 
T. R County of. 
and state of Illinois. 

[The foregoing certificate must be returned to the township treasurer on or 
before the first Monday of September, and to it there must be attached a list of 
the tax-payers of the district, with the names written out in full, and in alpha- 
betical order.] 



23. order on township treasurer. 

% 18 

The treasurer of township , range , in the county of , will pay 

to or order, out of any funds in his hands belonging to district No , 

township , range , in said county, and not otherwise appropriated, the 

sum of dollars. \_Here insert for what the money is paid. '\ 



Directors of said district. 



[ It is safer to make the money payable to order instead of bearer. On receiv- 
ing the money the payee will endorse his name on the order.] 



FORMS OF SCHOOL INSTRUMENTS. 233 

24. PERMIT OF TRANSFER. 

Consent is hereby given for and , etc., being residents of dis- 
trict No ,, township....... range , county, and of lawful school age, 

to attend the free school taught in district No , township , range , 

county, until the. ..day of.f a. d. 18 

Dated this day of. , a. d. 18 

(Directors of Dist. No... "j Directors of Dist. No... 
T.....R... county of yT.....R county of 
and state of Illinois. j and state of Illinois . 

[ The permit should first be signed by the directors of the district where the 
pupils reside, and then by the other directors — one form will thus answer for 
both.] 



25. contract between teacher and directors. 

Article of agreement made and entered into between , a school 

teacher, of , county of , and state of Illinois, and , school di- 
rectors of district No , township No , range No , county of 

, and state of Illinois, and their successors in office. 

The said hereby agrees to teach the public school in said district for 

the term of weeks, commencing on the day of 18 , and 

that will faithfully and impartially govern and instruct the children and 

youth who may attend the same ; that will refrain from every species of 

profanity and improper conduct while in their presence; will institute no cruel 
or unusual mode of punishment in the administration of discipline, and will 
promptly report to the directors aforesaid, or their successors in office, the 
names of all scholars who may be guilty of refractory or incorrigibly bad 
conduct. 

The said ;. further agrees that he will strictly conform to the rules and 

regulations established by said board of directors for the government of said 
school, and will faithfully perform all the duties required of by the pro- 
visions of sections fifty-two and fifty-three of the school law. 

The said school directors as aforesaid, or their successors in office, in 

the name and in behalf of the district aforesaid, hereby agree to keep the 
school house in which said school is to be taught, in good repair, and to see that 
it is furnished with the necessary fuel and appendages for the comfort and con- 
venience of the teacher and pupils, and to pay the said ...... for services as 

teacher, the sum of dollars per month, of four weeks, of school 

days, of hours each : Provided., That in case the said should be dis- 
missed from said school by the said directors or their successors in office, for 
incompetency, cruelty, negligence, or immorality, or a violation of any of the 

stipulations of this contract, or in case certificate should be revoked by 

the county superintendent, shall not be entitled to compensation from 

and after such dismissal or revocation. 

In Testimony Whereof We have hereunto subscribed our names this 

day of , 18 , Teacher. 



y Directors, 



234 FOEMS OF SCHOOL INSTKMENTS. 

26. RECEIPT FOR TEACHER'S SCHEDULE. 

School District No 

J T R...7t.... county of 

, 18... 

Received of A. B., teacher in the above named district, schedule of school 

taught by him, commencing on the ...day of a. d. 18...., and ending on the 

... day of A. D. 18..., on ■which schedule there is due said A. B, the sum of 

dollars. ' 0. D.,^ 

E. F., \ Directors. 
G. H.J 
[ By naming in the receipt the amount due on the schedule, the teacher is 
protected in case of the loss of the schedule.] 



27. CERTIFICATE OP UNION DISTRICT. 

We the undersigned, school directors of districts No , and No , in town- 
ship , range , in county, and State of Illinois, do hereby cer- 
tify, that in pursuance of the authority vested in us by the 35th section of the 
school law of 1865, we have this day united and consolidated the above named 
districts, and formed therefrom a new district, under the name and style of 

Union District No Township , range , of said county and State : 

And we do further certify, that in accordance with the authority aforesaid, we 

have appointed , , , as the first board of directors of 

said Union District : And that said , , , having been 

severally notified of their said appointment, and having duly accepted the same, 

the separate boards of directors of districts No and No aforesaid, are 

hereby declared dissolved. 

G-iven under our hands this day of , A. D. 18 

1 Directors of ^ Directors of 
District No.... I District No...., 
T. R )T. ,R 



[ The author is indebted to the courtesy of 0. S. Webster, Esq., attorney at law, 
and superintendent of schools for Sangamon county ; Messrs. Adams, Blackmer and 
Lyon, publishers, Chicago; and Messrs. Johnson & Bradford, booljsellers, Springfield, 
111., for valuable suggestions in relation to some of the preceding instruments. The 
Form of contract between teachers and directors is taken, by permission, without ma- 
terial change, from the admirable series of school blanks, etc., published by Messrs. 
Adams, Blackmer and Lyon. All the gentlemen named will please accept the author's 
sincere acknowledgments.] 



INDEX 



TO 



DISCUSSION OF AMENDMENTS, AND OFFICIAL AND JUDI- 
CIAL DECISIONS. 



PAGE. 
ADJOtrKSTMENT OF ELECTIONS 206 

Appoetionment : of funds by connty super- 
intendent 112 

basis of, by county superintendent 112 

basis of, by township trustees 127 

day of 132 

grounds of claim to 127 

how and when to be made 137 

of proceeds of school property 162 

on census 214 

Bond: of county superiatendent Ill 

of township treasurer 141 

form of 141 

county superiatendent to examine 49, 112 

must be executed before funds are paid 50, 141 
to be filed with county superintendent... 112 
validity of, to be ascertained 51 

Books and blanks — how provided 215 

Calendar of school elections and duties 223 

Cebtifioates, teachers', not to be granted 

by letter 88 

old, of no avaU 88 

only two grades of 88 

third grade of, abolished 89 

fees for, abolished 99 

state, how gTanted 95 

revocation of 113 

Children under age 172 

Cities and incorporated towns 215 

Claims in favor of the school fund 215 

Colored children and the public schools 201 

Commissions : of county superintendent. . . 106 

how computed 119 

and pay of township treasurer 108 

of county treasurer 213 

on delinquent taxes 221 

on railroad taxes 221 

Compensation : of superiatendent 116 

of treasurer 150 

Controversies 114 

Corporate liability of directors 172 

Costs of suit 212 

CoTTNTY Teeasiteeii : commissions of. 213 

not entitled to commissions 109 

CoTJNTT AND Township Fund 105 

permanent principal of. 105, 219 

allinterest, etc., to be distributed 105 

CoTTNTT Stjpeeintendent: action under 

section twenty-one .. 125 

appeals from decision of 218 

apportionment of funds by 112 

not to apportion till bond is filed 50 

basis of apportionment by 112 

bond of Ill 

books, blanks, etc., to be provided by. ... 215 
commissions of 106 



PAGE. 
COTTNTy StrPEKINTENDENT : 

commissions of— how computed 119 

commissions on sale of school land 115 

compensation of 106, 116 

county authorities may increase 108 

controversies to be heard by 59, 114 

day's service of 107 

deputies of 117 

educational duties of. 54 

election of 45 

extension of oiiicial term 45 

benefits of increased tenure 46 

entitled to full amount of auditor's war- 
rant 121 

examination of teachers by.. 85, 97, 112 

modes of examination 89 

must hold four annually 97 

and more if necessary 98 

to consult public convenience in 97 

private examinations by 98 

notices of examinations 99 

examination of treasm-er'sbond by 4P, 51, 112 

failure to record proceedings of sale 116 

fees for certificates 99, 113 

fines, forfeitures, etc., to be paid to 109,117,123 

justices and clerks to report to 110, 125 

liable for loss of funds 121 

liability upon retiring from oflce 217 

maybe teacher 126 

may procure and furnish ofiice 100, 126 

name of, why changed 45 

not to grant certificates by letter 88 

not to grant certificates to Immoral per- 
sons 94 

may appoint examiners 85 

may examine in higher branches 96 

not to charge for certificates 99, 113 

office of— how provided 100, 126 

omission to take mortgage by 116 

per diem of 107 

per diem account — how collected 120 

penalty for failure to render report 53 

reports of— annual 52, 114 

reports of justices and clerks to 110, 125 

revocation of teachers' certificates 113 

residence of 212 

sale of school lands by 115 

security for school moneys loaned 122 

should not serve as treasurer 123 

successor to commissioner 45 

supervision by 55 

teachers' certificates granted SB, 113 

to hold public examinations 97 

to determine controversies and forward 

appeals &9, 114 

to examine and correct school laud re- 
cords 124 

to hold over, in certain cases 124 



II 



INDEX. 



PAGE. 

County Sitpeeintendent : 

to loan cotmty fund — rate of interest 50 

to negotiate loans in certain cases 123 

to order elections 62, 124 

duty in respect to elections 63 

to visit schools 5T, 83, 114 

manner of visitation by 5S 

vfliat fines are to be paid to 117 

when a purchaser of school land borrows 

his bid 119 

whole amount of fines to be paid to 123 

Debts due school fund— priority of. 214 

Debts of districts 183 

Deeds to be made to trustees 1S6 

Delinquent district taxes 213 

Deputies , 117 

DiEECTOKS : and people 169 

acts are not invalidated— M'hen 173 

are limited to amount voted 185 

as witnesses 179 

cannot be employed as teachers 175 

cannot be sued by teachers — when 174 

cannot borrow money to pay teachers 175 

cannot delegate control 171 

cannot loan district funds 17^ 

certificate of to union district 74 

of union districts to draw lots 75 

old boards dissolved 74 

certificates of taxation to be filed by.. ..78, 166 
must be filed by time fixed by law. .... 78 

claims must be made— when 162 

continuance of schools by 177 

contracts binding on successors 175 

dismissal of teachers by 175 

election of 77 

who may order election of. 77 

forcible ejection of a pupil by 188 

have control of school houses 187 

have control of special district taxes 173 

insm-ance of school houses by 187 

judgments against— how paid 174 

may acquke and hold real estate 179 

may be elected trustee 184 

may borrow five per cent, of property. ... 79 

may tax three per cent 79 

may borrow and tax same year 81 

may consolidate districts 163 

may lease school houses 168 

may prescribe to which school pupils 

shall go 186 

may resign 169 

may return incomplete schedule — when. 186 

may use house in another district 189 

not personally liable for corporate acts... 172 
number of schools to be established by 177 

orders in favor of. 186 

orders on treasurer — how dravrai 173 

powers conferred by section 43 189 

residence of 212 

to adopt and enforce rules, etc 83, 176 

to build school houses 166 

to demand semi-annual statement 168 

to designate treasurer to receive taxes... . 188 

to detennine questions of residence 168 

to direct what branches may be taught 84, 176 

to draw lots 75 

to file schedules with treasurer 174 

to grant permits of transfer 162 

to levy tax for incidental expenses 170 

to levy tax for six months school 188 

to levy tax to pay balances due teachers. 167 

to levy taxes uniformly 180 

to locate school site— when 84, 167 

to apply for sale of school property 166 

to receipt for schedules 101, 167 

to reject children under age 172 

to return list ot tax-payers 79 

to provide books and blanks 215 



PAGE. 
DiEECTOEB : 

to provide suitable school houses 82 

to provide enough school houses 82 

two a quorum for business 171 

two may act isi 

use of district tax funds by 178 

use of schedules 179 

use of school houses by 178 

when house is too small 216 

when mandamus will lie against 191 

DisTEioTs : books, etc., by whom pur- 
chased 140, 215 

change of boundaries of 131 

claims barred in three months 70 

created by special acts 182 

debts of 183 

delinquent taxes of 213 

divided by township lines 184 

division of funds and property of 69, 129 

elections in 206 

elections in new 208 

forfeiture of schedule by 214 

formation of. 131 

funds to be withheld 158 

funds to be held by treasurer 143 

funds loaned by treasurer 171 

grounds of claim to apportionment by. . . 127 

how to report in certain cases 160 

name and style of 218 

new— how formed 69 

arbitration in case of 70 

may waive claim 71 

number of schools in 82, 177 

overpayment of 158 

special taxes of 135, 173 

surplus funds of. 128 

taxes to be uniform 180 

to own school site 181 

union— how formed 73, 163 

dkectors ot, to draw lots 75 

may be formed at any time 75 

unorganized- pupils of. 217 

use of tax funds of 178 

when divided, pending collection of tax. . 183 

Elections: adjournment of 206 

ballots should specify 209 

blank ballots — how counted 209 

calendar of 22B 

day of, for trustees, unchanged 208 

duty of CO. superintendent in respect to... 63 

eligibility of voters 207 

evidence of 208 

failure to call, or issue notices for 77, 205 

failure to hold 62, 205 

first— how held 207 

for school sites— how often 210 

for trustees — when held 208 

for trustee— how ordered 62 

held on wrong days, or informally 205 

in districts, for other purposes 206 

in new districts 208 

in townships divided by county lines 124 

judges of 206 

loss of poll book of 210 

manner of contesting 207 

notices tor 205 

of directors— not to holdover. 210 

province of county superintendent ia 210 

qualification of voters 210 

registry law of 204 

rejection of votes by judges of 209 

Eligibility of voters and officers 207 

Entitled to interest 197 

Examination of treasurer's bond 112 

Examination of Tkaohbrb 85,97, 112 

as to moral character 94 

consequences of neglect of 86 



INDEX. 



Ill 



PAGE. 

Examination ov Tbaohbes : 

discrimination necessary 87 

flsecl rules for not practicable 93 

lor first grade— how conducted 90 

for second grade 92 

four to be held annually 97 

illustrative examples 91, 92 

much time required 87 

modes of 86 

not limited to four 98 

private, not forbidden 98 

private, not recommended 98 

public convenience to be consulted in .... 97 

pwblic — notices of. 99 

record of 94 

responsibility of 85 

to be conscientiously conducted 94 

Exclusion from school in certain cases 199 

Expulsion of pupils 193 

Failure to organize in ten days 139 

Failure to record proceedings 116 

Failure to turn over fimds to successors . . . 154 

Fees for certificates 113 

Fines and Fobpeittiees : 

to whom paid 109,117, 123 

to be collected by State's attorney 109 

to be reported under oath 110 

penalty for default 110 

Forcible ejection of a pupil 188 

Foreign languages in the public schools. . . 221 

Forfeiture of schedule 214 

Formation and alteration of districts. 65, 181, 163 

Form of bond 143 

FoEMS OF Scnooi. Inbtetiments 224 

account of county superintendent 228 

certiticate in appeals 22S 

certificate of township map 231 

certiflcate of union district 234 

directors' bond 231 

district election notice 232 

election returns 230 

mortgage to county superintendent 226 

mortgage to trustees 228 

note to county superintendent. 225 

noie to township treasurer 231 

order on township treasurer 232 

permit of transfer 232 

poU book 230 

receipt for schedule 233 

receipt to county superintendent. 225 

receipt to township treasurer 229 

renewal of teacher's certificate 226 

report of clerks and magistrates 227 

revocation of certificate 226 

semi-annual exhibit to directors 229 

semi-annual statement to trustees 231 

tally list 230 

tax certificate of directors 232 

teacher's contract 233 

township election notice 230 

township treasurer's bond 229 

Funds of townships lying partly in two 

counties — 128 

Garnishee 151 

Grounds of claim to school funds 127 

Holidays 198 

How to report districts 160 

Illegal schedules 157 

Incidental exjienses 170 

Incomplete schedules 186 

Incorporated towms and cities 215 

Insurance of school houses. 187 

Inteeest : computation of 159 

on balances due teachers 149,167, 197 

Irregularities of form do not vitiate 172 



PAGE. 

Judges of School Elections 206 

rejection of votes by 209 

Judgments against directors— how paid 174 

Liability for loss' of funds 121 

Liability of retiring school ofiicers 217 

Loaning district funds l7o 

Mandamus 208 

Monday— election to be held on 191 

MoETGAGE— how Cancelled 156 

does not lose priority 214 

Name and style of districts. 218 

No distinction to be made in funds 147 

No petition necessary 136 

Not school ofiicers 194 

Number of schools in a district 177 

Official papers cannot be returned 219 

Omission to take mortgage 116 

Orders in favor of directors— when allow- 
able 186 

Ord ers on township treasurer 173 

Other districts— admission to 200 

Overpayment of a district 158 

Payment of township treasurers ... 134, 150 

Per diem account— how collected 120 

Permits of transfer 151, 192 

Personal property— where taxable 220 

Powers conferred by section forty-three 189 

Principal of township fund. 219 

Priority of debts due school fund 214 

Peivate Schools 161 

in public school houses 187 

Punishment — corporal 197 

Pupils: admission to other districts 202 

children under age . . 81, 172 

colored children as 202 

discrimination in favor of soldiers as 201 

exclusion from school in certain cases... . 199 

from unorganized districts 217 

minimum age increased to six years 80 

importance of the change 81 

overage 201 

permits of transfer of 192 

residence of 198 

right of choice in studies 200 

suspension or expulsion of 193 

under six, not to be admitted 81 

who are eligible as 198 

Purchaser of school land as treasurer 155 

Questions of residence • 168 

Quorum for business 171 

Registry law 204 

Kejection of votes 209 

Removal from office 162 

Renewal of notes 155 

Report of districts 160 

Reports 114, 125 

Residence: of school officers 212 

of pupils 1S8 

Revocation of certificates 113, 192 

Right of choice in studies 200 

Rules and regulations 193 

Sale: of school lands 115 

of school property 166 

of school section in full township 215 

SoHEDin.Es: 132) 191 

forfeiture of 214 

illegal •• lol 

separate 162, 163 

to be filed and preserved 154 

use of 1'9 

when left incomplete 186 



IT 



INDEX. 



PAGE. 

School HoirsES: buildiug of ]C6 

insarance of 187 

lease or reut of 168 

use of '. 178 

School month and day 196 

School officers and road taxes 223 

School Peopeety : when exempt from tax 220 

title to 134 

sale of 166 

School Site: district to own 181 

directors to choose— when 167 

location of 167 

Schools: continuance of. 177 

duration of 82 

English, only, contemplated T)y law 95 

German language may he taught in 96 

German schools not allowed 96 

higher branches may be taught in 96 

law encourages extension of 82 

number in a district 177 

private 161 

visitation of 114 

School taxes collected from persons of color 216 

Section forty-five— last line 18S 

Security for school moneys loaned 122 

Soldiers— discrimination in favor of 201 

Special acts 182 

Special district taxes 135, 173 

Subscription papers 219 

Substitutes 197 

Suits against dieectoes 192 

costs of 212 

Surplus district funds.: 128 

Taxation— certificate of. 166 

Taxes to be uniform 189 

Tax for six months school, 183 

Teacheks: amenable to directors 195 

amount due — mode of determining 73 

certificates of 113, 194 

corporal punishment by 197 

dismissal of 192 

entitled to interest iOl, 149, 167, 197 

fees for certificates 113 

garnishee of money due on schedules of. 151 

holidays 198 

not school officers 194 

permits of transfer to be exhibited to 192 

protected by contracts 196 

revocation of certificates of 192 

rules and regulations 193 

schedules of 191 

school month and day 196 

should make written contracts 194 

should reject ctiildren under age 192 

substitutes for 197 

suits against directors 192 

to keep separate schedules 163 

to take receipt for schedule 102 

Title to school property 134 

Township fund 105 

Township map— change of 152 

Township reports 152 

TowNiuip Tebasiteee : bond of 141 

action on bond of— how and where bro't 218 

form of bond 142 

bond must be executed— when 142 

but one bond required 212 

books etc. to be provided by 215 

cannot borrow township funds 144 

commissions of 108, 157 

computation of interest by 159 

is legal custodian of all district funds 143 

liable for loss of funds 146 

liability of upon reth'ing from office 217 

may loan funds to school directors 104, 144 

mode of determining amount due teacher 73 

no distinction to be made in funds by 147 

not authorized to invest in bonds andstocksl04 



Township Teeabtteee : 

overpayment of a district by 155 

pay for clerical services of 150 

permits of transfer to be filed vdth '. 72 

purchaser of school land may be ap- 
pointed f_ J55 

removal from office of '.'."".'..' i62 

return and payment of teachers' schedule's 7" 

schools to be reported by— how 161 

tax certificate to be returned to 78 

to call for funds " 218 

to cancel mortgages—how 156 

to change map .'. xq-2 

to deliver certificates to county clerk...'.'.! 153 

to demand and keep funds 143 

to distribute interest 147 

to file and preserve schedules 1.54 

to file permits of transfer 151 

to institute suit 149 

to inspect records '." 154 

to keep funds at interest 143 

to loan funds 103 143 

to loan funds received from school lands'. 147 

to make semi-annual statement 105 

to make township reports 152 

to order elections ...'. 153 

to pay interest on balances due teachers.. 149 

to pay on order of directors 106, 148 

to pay separate schedules 152 

to reject fraudulent schedules 151 

to report districts in certain cases— how.. 160 

to require notes to be renewed 155 

to settle with directors 150 

to turn over funds upon removal 154 

to withhold funds 15s 

Township Tktjstees : appraisal of school 

property by 69, 138 

apportionment of funds by 137 

apportionment on census by 214 

apportionment when funds are not in 

hand 214 

basis of apportionment 127 

basis of distribution unchanged 71 

cannot borrow township funds 129 

cannot loan distributable funds 140 

cannot release security on treasurer's 

bond 136 

cannot withdi-aw funds from treasurer.... 136 

changes in section thirty-niue 70 

concurrence only, required 68 

county superintendent to order election of 62 

day of apportionment by 132 

deeds should be made to 186 

division of district fimds and property 

by 129, 162 

duty of supt. in respect to election of 63 

failure to order election of. 62 

failure to organize in ten days 139 

formation of districts by 131 

may form large districts 66 

to exercise discretion prudently 66 

advantages of large districts 67 

have no control over district taxes 71, 135 

liabilities of 141 

may remove treasurer 141 

may sell land without petition, in certain 

cases 136 

may teach in township 138 

not to distribute funds — when 69 

one to be chosen annually 60 

payment of treasurers as clerks by 134 

penalty for failure to render report 76 

powers of, compared with directors 75 

president of board to serve one year 63 

prompt distribution to be made 70 

residence of 212 

resignation of 135 

term of office of 60 

title to school property vests in 134 



INDEX. 



PAGE. 

TowmsHip Tkttstees : 

to apportion on schedules 132 

to cliange map 68 

to divide school funds and property— when 162 

to draw lots— how 61 

to pay over funds 135 

to provide books for treasurer 65 

to purchase books, etc., for districts 140 

to recofimize union districts 74 

to re-sell forfeited school lands 133 

to sell and convey school property 134 

to sell lands by public auction 135 

to take census of children 135 

to vrithhokl funds— when 127 

two constitute a quorum 141 

when but two are present at first meeting. 61 

when township lies in two counties 128 

when two townships are concerned 68 

whole townships as districts 67 

who should be chosen for president and 
clerk 64 

Transfer of pupils 162 



PAGE. 

Two du-ectors may act 181 

Two members a quorum I4i 

Untos DiSTEicTS : how formed 73, 163 

appraisal of property of 69 

distribution of property 6!» 

directors to draw lots 75 

maybe formed at any time 75 

Unorganized districts — pupils of 217 

Use of district tax funds < 178 

Use of house in another district 189 

Use of schedules 179 

Use ol school houses 178 

What fines, etc., go to the school fund 117 

When a purchaser of land borrows his bid.. 119 

Whena writ of mandamus will lie 191 

When there are two or more school houses 186 

Who may sell and convey 134 

Withholding funds 158 

Written contracts 194, 196 



3 hi "/ 



